1.2 CONCEPT OF DATABASE
Database is a compilation of information arranged in a systematic way and offering a means of finding specific elements it contains, often today by electronic means.[1] Database is a collection of works or materials arranged, stored and accessed by electronic means and the electronic materials necessary for the operation of database such as its thesaurus, index or system of obtaining or presenting information.[2]Database, also called electronic database refer to any collection of data, or information, that is specially organized for rapid search and retrieval by a computer.
Databases are structured to facilitate the storage, retrieval, modification, and deletion of data in conjunction with various data-processing operations[3]. A system that contains databases is called a database management system, or (DBMS). These databases may contain texts of such materials as abstracts, reports, legal statutes, wire services, newspapers and journals, and encyclopedias.It can include the lists of clients’ name and addresses or lists of employees and their details stored in a computer file[4]. Examples of such databases include Electronic libraries such as LEXIS and Westlaw, Online stores such as amazon.com, Travel services such as travelocity.com and expedia.com.
In other words, it is a collection of independent works, data or any other materials arranged in a methodical way which can be accessed electronically[5]. According to the EU Directives on Database the term database includes literary, artistic, musical or other collection of works or collection of other material such texts, sound, images, numbers, facts and data that can be systematically or methodically arranged and individually accessed[6].
A database is stored as a file or a set of files. The information in these files may be broken down into records, each of which consists of one or more fields. Fields are the basic units of data storage and each field typically contains information pertaining to one aspect of the entity[7].
Data defined to mean anything that comprises information that may be stored in a computer or on a computer storage media[8].
1.2.1 TYPES OF DATABASE
There are many different kinds of databases, ranging from the most prevalent approach;
1.2.1.1 Document Databases
Document databases (Document DB) are also NoSQL database that store data in the form of documents. Each document represents the data, its relationship between other data elements, and attributes of data. Document database store data in a key value form[9].
Document DB has become popular recently due to their document storage and NoSQL properties. NoSQL data storage provide faster mechanism to store and search documents[10].
1.2.1.2 Clouds databases
A cloud database is a database service built and accessed through a cloud platform. It serves many of the same functions as a traditional database with the added flexibility of cloud computing. Users install software on a cloud infrastructure to implement the database.
Database services take care of scalability and high availability of the database. Database services make the underlying software-stack transparent to the user[11].
1.2.1.3 Relational Databases
Structured Query Language (SQL) is the language used to query RDBMS, including inserting, updating, deleting, and searching records. Relational databases work on each table that has a key field that uniquely indicates each row. These key fields can be used to connect one table of data to another[12].
1.2.1.4 Network Databases
Network database management systems (Network DBMSs) use a network structure to create a relationship between entities. Network databases are mainly used on large digital computers. Network databases are hierarchical databases, but unlike hierarchical databases where one node can have a single parent only, a network node can have a relationship with multiple entities. A network database looks more like a cobweb or interconnected network of records[13].
1.2.1.5 Graph Databases
Graph Databases are NoSQL databases and use a graph structure for semantic queries. The data is stored in the form of nodes, edges, and properties. In a graph database, a Node represents an entity or instance such as a customer, person, or car. A node is equivalent to a record in a relational database system. An Edge in a graph database represents a relationship that connects nodes. Properties are additional information added to the nodes[14].
1.2.1.6 Hierarchical Databases
In a hierarchical database management system (hierarchical DBMSs) model, data is stored in a parent-children relationship node. In a hierarchical database, besides actual data, records also contain information about their groups of parent/child relationships[15].
In a hierarchical database model, each child record has only one parent. A parent can have multiple children[16].
1.2.1.7 NoSQL Databases
A NoSQL originally referring to non SQL or non relational is a database that provides a mechanism for storage and retrieval of data. This data is modeled in means other than the tabular relations used in relational databases.
A NoSQL database includes simplicity of design, simpler horizontal scaling to clusters of machines and finer control over availability.
1.2.2 THE RATIONALE FOR DATABASE PROTECTION
The rationale behind the protection of database is that the transition of First World War economies from industrially based economies to information based economies is relatively recent phenomenon.[17] It is consequence of an explosion in information and the means by which it can be information and the means by which it can be disseminated that results in turn from far-reaching technological and scientific developments.[18] In particulars advances in digital technology have facilitated the creation of databases. Large amounts of data can be created in or converted into, digital form, and scanner and other devices permit the digital conversion of data. Alternatively, data can be originally produced and stored into, digital forms that are perceived by human as text, pictures, tables, spreads sheets and other easily recognizable formats. The digitalization of data in turn reduces storage costs.
This expanded capacity to store is complemented by an increased capacity to access and use it. It is facilitated by computer programs that enable quick and reliable searching and retrieval of data. Computer networks also allow on-line use of databases, thus increasing ease of access and marketability. These increased abilities of store and disseminate information in turn, have increased the production of information. This is due to the relationship between the production of information and the availability of existing information. Existing information and access to it are critical to the creation of new data and information. This creative process is like a spiral in which the users of existing data actually add value to that in the process of using it, thus generating more new data and information.[19]
Also economic incentive for the creation of such writing and discoveries. The legal theory on which such protection is based is usually that of misappropriation or unfair competition, which prevents one business from misusing for its own benefit the reputation or work product of another business.[20]
The database right were designed to protect the investment in obtaining, verifying or presenting the contents of database. This provide for a standard copyright treatment for databases requiring skill, effort or judgement in their making but also, in addition, to introduce a new sui generis right specifically aimed at providing shorter- term protection for databases which result for a substantial investment[21].
It enable the protection of copyright to the database, which protect the selection or arrangements of materials. In the case of on- line transmission, the right to prohibit re- utilization is not exhausted either as regards the database or as regards a material copy of the database or of part thereof made by the addressee of the transmission with the consent of the right holder[22].
The fact that making databases requires the investment of considerable human, technical, and financial resources and the vulnerability of these electronic databases[23]. It afford the protection for databases to secure the remuneration of the maker, also reflect the impact of digital technology on the misuse of databases and the legal protection of databases is provided in any form[24]
It seeks to safeguard the position of makers of databases against misappropriation of the result of the financial and professional investment made in obtaining and collecting the contents by protecting the whole or substantial part of database against certain acts by user or competitor[25].
1.3 BASIC PRINCIPLES OF THE DATABASE PROTECTION
There are three basic models for legal protection of databases that can be easily identified
1.3.1 Level of Originality
Copyright protection is provided at a low level of originality. Under this model, copyright protection is provided for complications on basis that a substantial investment ha s been made in the compilation. This model presently applies in number of common law countries such as Australia.[26]The effect is that a database user cannot take a substantial amount of the data contained within the database.
1.3.2 Creativity
Copyright protection is provided if there is some creativity in the selection or arrangement of the database natural, coupled with a sui generis right. Copyright prevents the taking of selection or arrangement. The Sui generis right protects the investment in obtaining, verifying and presenting the data within the database.[27] It does so by prohibiting the unauthorized extraction or re-utilization of a substantial part of the data, conferring exclusive property rights in the data as it exists in the database upon the owner of the Database.[28]As in BHB v William Hill[29], the CJEU ruled that only investment to seek out existing materials and collect them into a database will give rise to a database right. Resources used for the creation of materials that make up the database will not be sufficient to give rise to protection. The Court opted for a broad interpretation of the term of “extraction” that covers the transfer of contents from a database to another database, even if there is no technical process of copying. The 2009’s Apis decision clarified the concept of a “temporary transfer” of the database’s contents and redefined the concept of the “substantial part” from a quantitative point of view in a way that covers modules of databases if the modules themselves do not constitute a database, but also qualitatively by confirming that sui generis protection of a database’s substantial part may cover the investment in obtaining the data even if the data come from the public domain. Indeed, there has been established a rich case law concerning the Database Directive compare.
Also Refer to the case of Feist Publications Inc v. Rural Telephone service Co Inc (supra)[30] This case influenced the UK to significantly change the legal protection of database through introduction of Copyright and database right in Databases Regulations 1997. There is now dual protection of databases in the UK that Copyright in the case of intellectual creation and database right where there is substantial result of investment.
1.4 THE NATURE OF DATABASE PROTECTION IN TANZANIA
1.4.1 It must be in Compilation
The copyright nature of the compilation is derived from the process of gathering together and presenting pre-existing works or data.[31] Copyright may well exist in the pre-existing works that are included in the compilation. There is an international consensus about the Minimum level of protection set out in Article 2 (5)[32], provides collections of Literary or artistic works such as encyclopedias and anthologies which by reason of the selection and arrangement of their contents, constitute intellectual creations shall be protected as such, without prejudice to the copyright in each of the works forming part of such collections.[33] However, national laws including Copyright and Neighboring Act,[34] may protect a wider range of collected works then this minimum section 6(b) provides
“Collection of literary and artistic works, such as encyclopedia and anthologic or collections of expressions of folklore and compilation of data or data bases which by reason of selection and arrangement of their contents constitute intellectual creation”[35]
In Tanzania jurisdiction we have no case laws regards to database but as common law countries there is an landmark case established that compilation of facts or other non-copyright materials received protection as compilations. In Ladbroke (Football) Ltd v William Hill (Football) Ltd[36]the court held that a football pool coupon which listed forth coming football matches was protected by copyright and similar decision have of share prices and railway status. Although the point had not been raised in litigation, there was a clear consensus that databases would potentially be protected as compilations.
In order to be protected a compilation need to be original, and the test here was based or originality in the selection and arrangement of the compilation
1.4.2 Database to be protected must have elements of Originality
Originality or intellectual creativity in a work is requirement that is imposed in every copyright regime. In Tanzania under the Copyright and Neighboring Act specifically under section provides lament the originality
“Author of original literary and artistic works shall be entitled to copyright protection for their works under this Act, by sole fact of the creation of such works”[37]
A higher level of originality is the requirement that a copyright work should display a medium of creativity and consequently can be regarded as an interllectual creation. The reason for the requirement of originality was based upon the court’s view of the purpose of copyright protection that primary objective of copyright is not reward the labour of author, but to promote the progress of science and useful Arts to this end, copyright assures authors the right to their original expression, but encourages others to build freely upon the ideas and information conveyed by a work. As applied to a factual compilation only the compilation selection and arrangement may be protected the raw facts may be copied at will. This result is unfair nor unfortunate.
1.4.3 Right of Reproduction
Reproduction occurs in the database users’ computer and arguably that user is responsible for any infringing reproduction however, the international obligations with regard to this matter are not clear.[38] There was attempt to resolve it at the Diplomatic Conference on a certain copyright and Neighboring Rights Question in Geneva in December 1996 that adopted the WIPO Copyright Treaty for 1996. The agreed statements concerning the copyright Treaty included this statement about the right of reproduction as it appears in the Berne Convention for the protection of Literary and Artistic Works[39], provides that the reproduction right as set out in Article 9 of the Berne Convention, and the exceptions permitted there under, fully apply in the distinct environment, in particular to the use of works in digital form. It is understood that the storage of a protected work in digital form in electronic medium constitutes a reproduction within the meaning of Article 9 of the Berne Convention.[40]This position is well reflected in our copyright law is under section 9 where such provision list out exclusive right granted by author including the database owner to the reproduction of work.[41] In order to digitally reproduce the data should arrange before that arrangement could be stripped out. There is no uniform copyright practice concerning the application of the reproduction right to temporary digital copies of works such as databases.
1.4.4 Right of Rental
It relates to fixed copies of computers programs and cinematographic works that can be put into distribution works that can be put into distribution as tangible objects such as CDs or DVDs. Section 9(c)[42] provides author shall have exclusive right to carry out rental of original. The copyright treaty also applies this right to works embodied in phonograms. The directive has gone one step further by providing the broad right of distribution to owners of copyright in a database that is defined so as to include a rental right.
1.4.5 Right of Distribution
A right of distribution is incorporated into the copyright Treaty[43] and Tanzania jurisdiction.[44] The right of communication is designed to deal with the electronic distribution of copyright works by wire or wireless means, and includes making the works available to the public in such a way that member of the public can access these works from a place and at a time including chosen by them. It therefore can making databases available online. Not all signatory to the copyright Treaty have incorporated its requirements into their domestic legislation as yet the right of communication, in one form or another will be part of copyright law of these nations in the not two distant future. These rights of copyright owners I databases may also be relevant to an understanding of sui generis rights of databases.Republic v. Ajay AmarshChavda[45]The accused person Ajay AmarshChavda and Justine Paul Limonga, were charged with violation of copyright in 12 (twelve Counts) that is unlawful reproduction, translation, adaptation, and distribution of visual-video film. Both accused persons were fine 500,000/=Tsh or 3 (three) years to jail in case of default. And they may serve both punishments in case of default. All of the counterfeited apparatus were ordered to be destroyed by the COSOTA.
Khadija JarufuThabit v. Jackson Kabiligi[46]The plaintiff filed a plaint against the defendant for breach of contract as he failed to execute the terms and conditions of the contract. The plaintiff entered into agreement with the defendant to distribute film or movies together. Hey did the film and agreed to share 50% each. The work was registered to COSOTA, however the defendant went further to be given sticker to sell the work but COSOTA refused as the work was registered under the name of plaintiff. COSOTA director called them to talk and the defendant said he was not ready to distribute the work due to inadequate budget.
1.5 THE PROTECTION UNDER CASE LAWS
Copyright protects the works of author and artists, by giving the copyright owner the right to control the reproduce, sell, copy, distribute and performance of the work. While the scope and length of copyright protection vary among the countries, copyright generally protects written works, music, film, and performance[47].
Republic v. Ajay AmarshChavda[48]The accused person Ajay AmarshChavda and Justine Paul Limonga, were charged with violation of copyright in 12 (twelve Counts) that is unlawful reproduction, translation, adaptation, and distribution of visual-video film. Both accused persons were fine 500,000/=Tsh or 3 (three) years to jail in case of default. And they may serve both punishments in case of default. All of the counterfeited apparatus were ordered to be destroyed by the COSOTA.
HamisiMwinjuma, AmbweneYessayah V Mic (T)[49] Ltd The plaintiffs in this case were two famous hip hop artists who make music popularly known as Bongo Flava in Tanzania. They sued the defendant, a telecommunications company, over the unauthorised use and sale of caller or ring-back tones based on songs that the plaintiffs jointly own.
The matter was filed in the High Court of Tanzania in 2011 (High Court of Tanzania Civil Case no. 38 of 2011). Before the suit could be considered on its merits, the defendant raised preliminary objections, which were upheld by the Court. Consequently, the suit was struck out for want of jurisdiction. It was subsequently instituted in the lower court, the District Court of Ilala, where it was tried. The Court held in favour of the plaintiffs, and made the largest award ever to have been granted by a District Court: TZS 2 160 million as special damages (approximately USD 1.08 Million), and TZS 25 million as general damages[50].
Khadija JarufuThabit v. Jackson Kabiligi[51]The plaintiff filed a plaint against the defendant for breach of contract as he failed to execute the terms and conditions of the contract. The plaintiff entered into agreement with the defendant to distribute film or movies together. Hey did the film and agreed to share 50% each. The work was registered to COSOTA, however the defendant went further to be given sticker to sell the work but COSOTA refused as the work was registered under the name of plaintiff. COSOTA director called them to talk and the defendant said he was not ready to distribute the work due to inadequate budget.
The defendant gave a sum of 500,00/Tsh, but the agreement was that the defendant will give the plaintiff 8,000,000/= instalments in 3and the work changed from plaintiff to the defendant. The defendant was ordered to pay eight millions (8,000,000/=) Tsh to the plaintiff as specific damage for the breach of contract, to stop from producing and selling of film or movie known until when he pay the full amount, and to pay 50% of the profit obtained from producing and selling a film or movie to the plaintiff.
1.6 OTHER NATURE OF DATA PROTECTION IN TANZANIA
1.6.1 Protection under Contract
Contract provides a potentially excellent legal structure to protect online database. If some form of access control is used such as username and password, contractual terms can be imposed as a condition of receiving access. In addition to payment terms, the database contents will be protected by terms requiring the user not to allow other access, not to make copies, of contract except as authorized and not to use copies except as authorized.[52] If, however, required to be exploited by way of distributing copies, contract will rarely be adequate as the main method of protection. The contract with the authorized user might contain similar terms to a contract for online use, but those terms cannot bind an unauthorized user who obtains access to the database copy. In the circumstances the database owner will need to identify a non-contractual claim against the unauthorized user.
1.6.2 Consumer Protection
Consumer protection law can be provide a remedy, though usually this is limited to claims by one business against another. Regulation 6 of the Consumer Protection Regulation,[53] provides the information obtained shall not be transferred to any party except as permitted by any terms and conditions agreed with the consumer or as permitted by the Authority.
1.7 PROTECTION IN TANZANIA AND INTERNATIONAL LAW
The protection offered to databases in Tanzania differs from protection under the international laws as follows:-
1.7.1 The Berne Convention for the Protection of Literary and Artistic Works 1948
Is the preeminent treaty in the field of copyright protection. The references to “literary and artistic works” and “intellectual creations” mean that the Berne Convention may protect certain creative databases but presumably does not extend to protection for nonreactive databases[54].
The Berne Convention guarantees quite minimal protection for compilations of literary and artistic works. Article 2(5) provides the collections of literary and artistic works such as encypeidious and anthologies which by reason of the selection and arrangement of their contacts, constitute intellectual creations shall be protected as such, without prejudice to the copyright in each of the works forming part of such collections. In Tanzania under copyright and Neighboring Act section (61)(b) list out the collections to include compilation of data or databases which under Berne convention does not mention the databases.
Also Moreover, the specific reference to “collections of literary and artistic works” may call into question copyright protectionof databases that consist of noncopyrightable data elements. The specific examples of protected collections encyclopedias and anthologies, which consist of individual copyrightable contributions confirm the doubt about protection for collections of noncopyrightable material. In fact, however, the most valuable databases frequently comprise noncopyrightable data elements that are selected, arranged, or organized in a way that creates economic value[55].
1.7.2 The Agreement on Trade-Related Aspects of Intellectual Property Rights, 1994
Is an international legal agreement between all the member nations of the World Trade Organization. It establishes minimum standard for the regulation by national governments of different forms of intellectual property as applied to nationals of other WTO member nations. In this agreement expanded the protection to collections of data generally. However, this protection is conditional upon the collection being selected or arranged in such a way as constitute an intellectual creation, are protected as such. This protection does not extended to the data or material itself and is without prejudice to any copyright subsists the data or material contained in the compilation. However, there is no requirement to provide protection for sweat of the blow wider any of these intellectual agreements, although it should be remembered that these agreements provide minimum standards of protection. Individual nations like Tanzania are liberty to provide higher levels of protection. However, the effect of the directive has been to standardize copyright protection for databases to the level described in TRIPS and the Copyright Treaty. Article 8 of the Copyright provides that author of literary artistic works shall enjoy the exclusive right of authorizing any communication to the public of their works by wire or wireless means including the making available to the public of their works in such a way that members of the public may access these works form a place and at time individually chosen by them given the massive use of online databases any sui generis protection must also provide either the same or a similar right to databases that are not protected by copyright. Likewise in Tanzania sui generis protection is not well recognized on legislation.
The TRIPS Agreement established minimum standards of protection in virtually all fields of intellectual property. With respect to databases, the TRIPS Agreement explicitly requires that “compilations of data or other material” must be protected against unauthorized copying if the selection or arrangement of the data or other material constitutes an “intellectual creation[56]. The reference to “compilations of data or other material” improves the level of protection for databases under the TRIPS Agreement in comparison with the existing Berne Convention.Copyright protection for compilations under the TRIPS Agreement does not extend to the data or other material itself,[57] nor does protection extend to “ideas, procedures, methods of operation or mathematical concepts as such[58]. This Agreement are not technologically reflected by Intellectual Property laws in Tanzania.
1.7.3 Universal Declaration of Human Rights (UDHR) 1948
Is a historic document that was adopted by the United Nations General Assembly at its 183rd session on 10th December 1948 as Resolution 217 at the Palais de Chaillot in Paris France. As per article 17 of the Universal Declaration Human Rights everyone has the right to own property alone as well as in association with others, and prohibits arbitrary deprivation of property. Means the peoples property must be respected by another under the constitution of the United Republic of Tanzania provide under article 24 recognized the same however, sub aricle (2) calls for compensation in case property are taken.
The Constitution generalized the database as a property as provided under Article 24 of the Constitution where its a right acquired by every person in Tanzania.
As per Article 24 of the Constitution[59], everyone has the right to own property alone as well as in association with others, and right to the protection of his property held in accordance with the law[60]. This protection does not afford the dual protection which include the database right (sui generis).
1.7.4 EU Directive on Copyright
The European Union and its members has gone further in recognizing the economic significance and protection of electronic databases and other related programs produced by the computer industry[61]. There is effective legislation that operates at regional and national level for regulating this area. The EU Directive on Copyright (databases), it recognizes that databases are vital tools in the development of an information market within the community which can be used in many other fields while the making of such databases requires the investment of considerable human, technical and financial resources[62].Even Tanzania is not a member to this legislation but it is important to include in their laws in order to ensure sufficient protection of database.
EU Directive passed in 1996 which seems to aim at harmonizing all legislation regulating copyright in the area of databases obliges member states to recognize the importance of using sui generis right to protect non-original databases[63].
Under Regulation 13 of the said Directive provides that, A property right (database right) subsists, in accordance with this part, in a database if there has been a substantial investment in obtaining, verifying or presenting the contents of the database[64].The person who takes the initiative in obtaining, verifying or presenting the contents of a database and assumes the risk of investing in that obtaining, verification or presentation shall be regarded as the maker of, and as having made, the database[65].
1.7.5 The Copyright and Neighboring Act [Cap 218 R.E 2002]
Protection of databases under the law of copyright – original and creative databases enjoy copyright protection as literary works. Copyright protection would arise automatically (i.e. the database creator, or any other person designated as the right holder by national law) and expires after 50 years after the author’s death[66]. the Copyright and Neighbouring Act does not provide clearly the protection of databases through databases right under the sui generic right, which protect the non- original database.
In Tanzania still we need to improve our other written laws such as The Copyright and Neighboring Rights Act, [Cap.218 R.E. 2002] so as to support these changes which have been brought by this Act so as to strike a balance between the protection of private rights and public right in intellectual property rights particularly in copyright[67]. The development of digital technology brought by the innovation and use of computers has brought a great impact on copyright.
1.7.6 The Cyber Crimes Act, Act No 14 of 2015
This Act to a certain extent has tried to solve some problems relating to protection of intellectual property rights in digital environment but do not provide about the protection of database under specific database right known as sui generis right.
Under 3 of the Act has defined what intellectual property rights mean state that; “intellectual property rights”
means the rights accrued or related to copyright, patent, trade mark and any other related matters; Also the same section has tried to explain the meaning of property as;
Property” means property of any kind, whether movable or immovable, tangible or intangible, and includes-
(a) Any currency either as a legal tender in the United Republic of Tanzania or not;
(b) Information, including an electronically produced program or data or copy thereof, human or computer readable data; or (c) Any right or interest in property[68].
1.8 ENDORSEMENT OF THE EU REGIME IN TANZANIA REGIME
1.8.1 Definition of Database
Define database as a collection of a large number of data works or other materials arranged, stored and accessed by electronic means. In Tanzania copyright laws does not define the word Database the EU legislation insert the addition of the words a large number of was intended to ensure that the new rights did not apply to every collection of available data, and this expression was the precursor to the test of substantial investment in obtaining verifying and presenting a database that appears in the Directive (1993 Amendments).
1.8.2 The Sui Generis Right
Under European the Sui generis right became a right of authorized extraction rather than unfair extraction. The law define extraction and re-utilization for commercial purposes but commercial purposes was given defined as any use whether domestic or collective at economic activity or remunerated transaction.This new form of “sui generis” protection applies to databases which are not “original” in the sense of an author’s own intellectual creation (“non-original” databases), but which involved a substantial investment in their making.
These types of protection will be applicable only if the “collection” of data brought together meets the requirements laid out in the EU definition of a “database” (a “collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means”). Both copyright and sui generis database protection can apply to electronic and non-electronic (paper) databases[69].
1.8.3 Compulsory Licensing
The compulsory licensing provision concerning information supplied by public authorities were expanded to cover private firms or entitles in some circumstances.[70] Tanzania should introduce this because obtaining compulsory licenses on the basis that database owner was the sole source of the contents of that database was made slightly difficult.
1.8.4 Duration of Protection
Protection in EU is 15 years and would begin if there were a substantial change to the contents of database.
1.8.5 Exceptions to the Sui generis Right
The exception under Article 8(5) of the First Draft was amended to require an acknowledgement of the source of insubstantial parts used for personal non commercial use. More impartially definition of insubstantial parts was also included which for the first time, referred to qualitative and qualitative measures of an insubstantial part of a database this impartial also to include in our legislation.
1.9 CONCLUSION
It is recommended that the government to ratify and adopt the relevant IP treaties and domesticate them in the national law in order to ensure the sufficient protection of databases.
There is need to amend the law or made a regulation that will assure the protection of databases. This can be done through granting copyright to original database or introducing sui generic system in non- original databases. In the way data base owners are assured of the exclusive right to reproduction, adoption, translation, distribution, and access to public[71].
This kind of e- database protection needs to be adopted by the copyright law in Tanzania and the entire East African Community to encourage more innovation and the use of databases. The law should give economic rights and other related rights to authors who use their labour, skill and efforts and judgement in preparing original databases. This rights should include exclusive right to reproduce, translate, adapt, arrange or alter, distribute and communicate to the public[72].
Government and stakeholders must promote intensive public education and enlightenment on database protection to the database owners and the majority in the society but also Grants should be made available to producers of database works to boost production and availability of works.
Government should implement new law and regulation basing on electronic databases like database regulations. Which will assure the protection of databases which will encourage local database owners and databases makers.
The copyright society of Tanzania (COSOTA), have to recruit sufficient employees knowledgeable on copyright (IP) matters for effective implementation of the copyright law.
COSOTA should improve the copyright law through adopting these principles of database protection from EU legal perspective which seems to effectively recognize the efforts of database makers and the economic benefits of these databases.
The owners or authors of the copyrighted works have to register their works at COSOTA so as to have a guaranteed protection of their IP rights. Where this will help them to claim if their rights which are infringed.
BIBLIOGRAPHY
INTERNATIONAL LAWS
The Berne Convention for the Protection of Literary and Artistic Works, 25th July 1994
The Berne Convention for the Protection of Literary and Artistic Works 1948
The TRIPS Agreement 1994
The Universal Declaration of Human Rights (UDHR) 1948
The WIPO Copyright Treaty 1996
LEGISLATION
The Constitution of The United Republic of Tanzania of 1977
The Copyright and Neighboring Act [Cap 218 R.E 2002]
The Cyber Crimes Act, Act No.14 of 2015
The Electronic and Postal Communication (Consumer Protection) Regulation G.N No.427
The Electronic and Postal Communications Act, Act No.3 of 2010
The Written Laws Miscellaneous Amendment No.3 of 2019
READINGS
Bainbridge.D, Introduction to Computer Law 4th Edition, Oxford univesrsity, London, 2000 at page xxvi
Dausa.M, The Legal Protection of Databases, Cambridge University Press, 2003
Garner. B. A., Black’s Law Dictionary, Thomson & West Publisher, 20048
Hotchkiss.C, International Law for Business, First Edition, McGraw-Hill Inc, Singapore,
Kedar.S, GUI and database management, Mumbai University, Mumbai, 2008, page 1- 10
Kedar.S, GUI and database management, Mumbai University, Mumbai, 2008, page 1- 10
Lloyd.J.I, Information Technology Law, Oxford University press, London, 2000
Mambi.A.J, ICT law book: sources of book for information and communication techniques, Mkuki na Nyota publishers limited, Dar es salaam, 2010,
CASES
BHB v William Hill 2005] EWCA Civ 863
Ladbroke (Football) Ltd v William Hill (Football) Ltd [1964] WLR 273
WEBSITES
ttps://itlaw.wikia.org/wiki/International_database_protection
ARICLES
Article 17 of 11/3/1996, No. 96/9 Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996.
[1]B. A. Garner, Black’s Law Dictionary , Thomson & West Publisher, 20048,422
[2] M.Dausa, The Legal Protection of Databases, Cambridge University Press, 2003, 54
[3]https://www.britannica.com/technology/database (accessed on 8/03/2022)
D. Bainbridge, Introduction to Computer Law 4th Edition, Oxford univesrsity, London, 2000 at page xxvi
[5] A.J Mambi , ICT law book: sources of book for information and communication techniques, Mkuki na Nyota publishers limited, Dar es salaam, 2010, page 253.
[6] Article 17 of 11/3/1996, No. 96/9 Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996.
[7]https://www.britannica.com/technology/database (accessed on 10/03/2022)
[8] J. I. Lloyd, Information Technology Law, Oxford University press, London, 2000, page 372
[9]https://www.c-sharpcorner.com/3/types-of-database-management-systems/ ( accessed on 7/03/2022)
[10]Ibid
[11]Ibid
[12] S. Kedar, GUI and database management, Mumbai University, Mumbai, 2008, page 1- 8
[13]https://www.ibm.com/cloud/learn/what-is-cloud-database ( accessed on 6/3/2022)
[14]https://www.c-sharpcorner.com/UploadFile/65fc13/types-of-database-management-systems/ (accessed on 11/03/2022)
[15]https://study.com/academy/lesson/what-are-databases-examples-types-quiz.html (accessed on 11/03/2022)
[16] S. Kedar, GUI and database management, Mumbai University, Mumbai, 2008, page 1- 10
[17] Ibid
[18] Ibid
[19] Ibid
[20] Ibid
[21] A.J Mambi , ICT law book: sources of book for information and communication techniques, Mkuki na Nyota publishers limited, Dar es salaam, 2010, page 256.
[22] Article 43 of 11/3/1996, No. 96/9 Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996.
[23] A.J Mambi , ICT law book: sources of book for information and communication techniques, Mkuki na Nyota publishers limited, Dar es salaam, 2010, page 258
[24]Ibid
[25] J. I. Lloyd, Information Technology Law, Oxford University press, London, 2000, page 384
[26]Idem
[27]Idem
[28]Idem
[29][2005] EWCA Civ 863
[30]499 U.S 340 (1991)
[31]Idem
[32] The Berne Convention for the Protection of Literary and Artistic Works, 25th July 1994
[33]Idem
[34] The Copyright and Neighboring Act [Cap 218 R.E 2002]
[35]Ibid, Section 6(b)
[36]Ladbroke (Football) Ltd v William Hill (Football) Ltd [1964] WLR 273
[37] Section 15 of the Copyright and Neighboring Act [Cap 218 R.E 2002]
[38]Idem
[39] The Berne Convention for the protection of Literary and Artistic Works, 1971
[40] The Agreed Statements Concerning Article 1(4) of the Copyright Treaty, CRNR/DC/96
[41] Section 9(a) of the Copyright and Neighboring Act [Cap 218 R.E 2002]
[42] Ibid, Section 9(c)
[43] Article 6 of the Copyright Treaty
[44] Section 10 of the Copyright and Neigbouring Act [Cap 218 R.E 2002]
[45]High Court Criminal Case no. 814 of 2011)
[46] Civil case No. 113 Of 2015 District Court of Kinondoni, at Kinondoni
[47] C. Hotchkiss, International Law for Business, First Edition, McGraw-Hill Inc, Singapore,1994, page 305.
[48]Ilala District Court Criminal Case no. 814 of 2011)
[49](Ilala District Court Civil Case No. 17 of 2012;
[50]https://www.bowmanslaw.com/insights/intellectual-property/copyright-enforcement-in-tanzania/ (accessed on 7/03/2022)
[51] Civil case No. 113 Of 2015 District Court of Kinondoni, at Kinondoni
[53] Reg. 6 of the Electronic and Postal Communication (Consumer Protection) Regulation G.N No.427 of 2011
[54]Article 2(5) of the Berne Convention 1948
[55]https://itlaw.wikia.org/wiki/International_database_protection (accessed on 12/03/2022)
[56]Compilations of data or other material, which in machine readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creations shall be protected as such.” Article 10(2) of the TRIPS Agreement. 1994
[57]Article 10(2) of TRIPS Agreement, of 1994
[58]https://itlaw.wikia.org/wiki/International_database_protection (accessed on 12/03/2022)
[59] Article 24 of The Constitution of The United Republic of Tanzania of 1977
[60] Article 24 of The Constitution of The United Republic of Tanzania of 1977
[61]Ibid
[62]A.J Mambi , ICT law book: sources of book for information and communication techniques, Mkuki na Nyota publishers limited, Dar es salaam, 2010, page 258.
[63]https://itlaw.wikia.org/wiki/International_database_protection (accessed on 13/03/2022)
[64] Regulation 13 of 11/3/1996, No. 96/9 Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996.
[65] Regulation 16 of 11/3/1996, No. 96/9 Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996.
[66] Section 14 of the Copyright and Neighboring Rights Act, [Cap.218 R.E. 2002]
[67] A.J Mambi , ICT law book: sources of book for information and communication techniques, Mkuki na Nyota publishers limited, Dar es salaam, 2010, page 258.
[68] Section 3 of the Cybercrimes Act of 2015
[69]http://www.iprhelpdesk.eu/news/protection-database-our-company-has-developed-digital-database-cultural-heritage-how-can-it-be(accessed on 08/3/2022)
[70] Section 33 of the 1993 Amendments
[71] A.J Mambi , ICT law book: sources of book for information and communication techniques, Mkuki na Nyota publishers limited, Dar es salaam, 2010, page 254.
[72]Idem