Non-Original Databases
There are two main concerns regarding non-original databases and copyright. The first is the degree to which a non-original database or compilation of existing work can be considered a creative work for purposes of copyright. A related issue is whether the act of compilation, through a grant of an exclusive right to copy, effectively removes the compiled information from the public domain, or can be used to extend copyright concerns (by adding new material for a new "compilation" over time).
The position paper argues that the current protection for non-original databases is broad enough that additional extension is not needed. While I would concur with that perception, I would argue that the current New Zealand copyright policy inadequately addresses the above issues. A lax definition of "originality" shifts the balance of rights, once again to the copyright holder, and permits misuse and abuse of copyright. I am particularly concerned about the potential to try to remove public and public domain information through the device of compilation.
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