Upphovsrättens sammanställningsskydd och sui generis-skyddet för databaser. En adekvat skyddsnivå på bekostnad av informationsfriheten?
Collections, compilations and databases currently stand under a solid intellectual property protection in Sweden. This legal protection is partly a product of the old Nordic ?catalogue-rule? seen in the former 49 § of the Swedish copyright act (upphovsrättslagen) but was further extended by the implementation of the EU directive on the legal protection of databases 96/9/EG and the new sui generis-right. Since major values are represented digitally combined with the fact that Internet serves as the main provider for information a strong legal protection for databases must be carefully crafted. When crafting this kind of legal protection the right to freedom of information is balanced against the database producers? interests of property protection as well as social and public interests such as increased innovation. This thesis has its starting point in this slightly wobbly balancing act. This thesis describes the historical development of the legal protection of databases in Sweden and the EU and concludes that the implementation of directive 96/9/EG into the Swedish copyright act is inadequate and in need for revision. The reason for this is that the rights given to both the producer and the user of the database, and the definition of the term database, differ from the directive. This thesis further concludes that the scope and implications of the sui generis-protection for databases in the EU still is indefinite at some points, despite the European Court of Justices statements and interpretations in the eight cases that so far has been subjected to preliminary rulings. This thesis comprises analysis over these rulings. The database protection can further be questioned because of new products and business models encountered due to the digitalization. The thesis addresses problems regarding database protection and cloud services, search engines and the possibility to gain copyright protection for a playlist on e.g. Spotify. Concerning the right to freedom of information the conclusion is that this right, due to public and fair-use exceptions in the Swedish copyright act, is granted. However, this does not mean that the current design of the legal protection for databases in Sweden and the EU is optimal. The protection period is too extensive and the exceptions should be harmonized. Finally this thesis presents a discussion concerning if databases should be protected in the field of copyright at all. Pros and cons with the sui generis-model are discussed and the conclusion is that a database protection based on tort of misappropriation, similar to the model used in the USA, might be more suitable.