While data and other facts do not qualify for copyright
protection, their aggregation into databases can be registered in
the United States Copyright Office if the selection, coordination
and arrangement of data is original and contains at least a spark
of creativity.
Some years ago the Copyright Office instituted an electronic
application filing system ("eCO") and made it available
for databases comprising photographs. The public soon adopted
eCO applications to register claims of copyright in other kinds of
databases, and the Copyright Office went along. No more.
eCO applications to register all but photographic databases are
temporarily unavailable while the Copyright Office focuses its
software development efforts on upgrading eCO for photographic
databases. Until the Copyright Office resumes accepting eCO
applications for other kinds of databases, owners wishing to
register their copyrights must do so using the traditional paper
application known as Form TX.
