Copyright in Database
Under U.S. Copyright laws, group registrations are allowed for certain types of creative works, including a registration for an automated database compilation as a whole, and a group registration for a group of updates or revisions to an automated database over a three-month period in a single calendar year (see, e.g., Compendium of U.S. Copyright Office Practices § 1112 (3rd edition, 2021); 37 CFR § 202.3(b)(v)(4)(B)(5)). Many companies may use an automated database to organize creative content that then may be accessible online. An example of an automated database that may include content that is accessible online is the realtor MLS database with property listings that are frequently updated (see, e.g., M.C.A.R. v. Realty Photo Master Corporation, 878 F. Supp. 804, 809-810 (D. Md. 1995); Metro. Reg’l Info. Sys., Inc. v. Am. Home Realty Network, Inc., 948 F. Supp. 2d 538, 545 (D. Md. 2013)). A registration for an automated database will cover the new creative work of the database compilation as a whole and may also extend to individual creative content that is part of the registered database (see, e.g., Compendium at § 1112.2), possibly eliminating a need to file multiple individual copyright applications for the individual component elements of the database. If you are interested in learning more about whether your database may meet the requirements for a U.S. Copyright Registration, please contact me.
