ABSTRACT
This paper addresses a number of copyright issues that arise in relation to the protection of data and databases in the data economy. The paper questions the copyrightability and the ownership of aspects of Big Data. A related issue is the nature and scope of the copyright protection of electronic databases from a common-law perspective. Is the recognition of computer-generated works in South Africa and New Zealand helpful in navigating copyright protection of collections of data in the data economy? The lawful processing of personal information also gives raise to several new copyright issues. The paper addresses the nature of data subject participation rights and consumer data rights and their impact on the copyright protection of databases. For example, where data subject participation rights allow data subjects, under certain circumstances, to reach over the proverbial database-ownership copyright wall and cause the database owner to remove or amend personal information, it may have the effect of amending the original work. It is questioned whether new legislation in the EU, which seeks to protect the public interest while promoting private enterprise, should be adopted in Australasia.
Pistorius, Tana and Jordaan, Juan-Jacques, Whose Data Is It Anyway? Copyright Protection Of Databases And Big Data Through The Looking Glass (November 13, 2024), University of Auckland Business School Research Paper; (2022) Computers & Law, 94, 5:1-5:12.
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