The concept and characteristics of non-original databases

The article examines the concept and characteristics of non-original databases as objects of legal protection. Databases are defined as an important tool for the development of modern society. The author analyzed the general definition of a database as a collection of independent works, data, or other materials that are systematically or methodically arranged and individually accessible through electronic and other means. Based on the analysis of the opinions of scientists, the characteristic features of the database were singled out. Peculiarities of securing non-original databases in Directive 96/9/EC of the European Parliament and the Council «On legal protection of databases» dated March 11, 1996 and the Law of Ukraine «On copyright and related rights» were studied. The article emphasizes the importance of researching the concept and meaningful characteristics of non-original databases, clarifying the criteria for their protection capability and the essence of legal protection. The author analyzed the state of development of the problem by domestic and foreign scientists. Various scientific positions regarding the understanding of the concept and content of non­original databases have been analyzed. It has been established that a non-original database is a database that does not constitute an intellectual work because of the selection or arrangement of its contents (and therefore cannot enjoy the legal protection of copyright), despite the substantial investment made in its creation. The originality and non-originality of the database, the importance of their establishment for providing legal protection to the database are analyzed separately. The article analyzes such a criterion of database security as the presence of significant investments in the collection and arrangement of material, taking into account their nature, as well as quantitative and qualitative indicators of the significance of investments. Features of non­original databases make it possible to provide them with legal protection other than copyright, special sui generis rights. Based on the analysis, the author concluded about the important role of non-original databases in the technical progress of modern society and the need for their constant protection and ensuring proper legal regulation.