Part Seven: Non-Original Databases
A. Issue Summary
147. The Act provides protection for databases that qualify as sufficiently original "compilations" within the definition of a literary work. A compilation could be considered original for the purposes of copyright where a database producer has contributed sufficient time, skill and effort in selecting and arranging the data or information.
148. The 2001 discussion paper asked whether there is a need to provide additional protection for databases above what is already available under the Act, and if so whether protection should be provided through the Act, or sui generis legislation, or both.
B. Perspective and Proposed Policy Response
149. The Ministry considers that there does not seem to be any need to extend protection for non-original databases beyond protection as compilations. The proposed policy response to this issue is, therefore, to retain the status quo, on the basis that the low threshold test for originality in New Zealand provides adequate protection.
150. There may, however, be a need to reconsider this issue in the future depending on how work on the question of additional protection for databases by the WIPO Standing Committee on Copyright and Related Rights progresses.
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