Evaluating the copyright protection of databases in the information age : a comparative perspective between South Africa and the European Union

Abstract

This dissertation evaluates the copyright protection of databases in the information age. The dissertation provides a comparative analysis of the copyright protection of databases in the European Union and South Africa. The European Union is chosen as a comparative jurisdiction owing to its diametrically opposed systems of protecting databases. The two European Union systems are critically analysed and compared to the system of protecting databases in South Africa. The dissertation also considers the manner in which the South African Copyright Amendment Bill is likely to affect the copyright protection of databases in South Africa. It analyses and compares the standards for protecting databases adopted in the 2017 and 2018 South African Copyright Amendment Bills and how each standard is likely to affect the protection of databases in South Africa. The dissertation also considers the intersection between the protection of databases and competition in the European Union and South Africa. It also considers the interface between the protection of databases and the exercise of certain constitutional rights in both jurisdictions. The dissertation concludes that the current copyright originality standard in South Africa is too low for protecting databases and may impede the timely realisation of the public interest objectives of the Competition Act in the databases industry. It also concludes that a low standard may have a chilling effect on the exercise of certain constitutional rights in South Africa. It recommends the adoption of a copyright standard similar to the one adopted in the 2017 Copyright Amendment Bill and the European Union. It also recommends that the manner and level of protection of databases in South Africa must be aligned with our competition law policy direction and constitutional architecture.