SB38.html

10-1-900.
This article shall be known and may be cited as the 'Georgia Database Protection and Economic Development Act of 2003.'

10-1-901.
The purpose of this article is to help foster the development of an information market in this state and related investment in information storage, processing, and communications systems by establishing limited protections for the owners of databases against unauthorized commercialization in order to reward investment of time, money, and effort in the creation of databases.

10-1-902.
As used in this article, the term:
(1) 'Commercialization' or 'commercialize' means to extract for use in commerce, or to use in commerce, all or a substantial part, measured either quantitatively or qualitatively, of the contents of a database.
(2) 'Database' means a collection or arrangement of data, information, observations, intellectual works, or other such items.
(3) 'Owner' means, with respect to a database, its creator or any other person who lawfully acquires the rights subsisting therein from its creator, whether by contract, operation of law, or otherwise.
(4) 'Person' means a natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity and also includes any department, agency, authority, or instrumentality of this state or its legal subdivisions.

10-1-903.
Subject to the limitations and exceptions set forth in this article, any person other than the owner of a database shall not commercialize such database.

10-1-904.
This article shall not prohibit or apply to:
(1) Commercialization of a database by a person acting with the consent of the owner;
(2) Independent creation and use of a database without extracting or copying the contents of another database, even if both databases contain the same or similar contents;
(3) Commercialization of a database for news or sports reporting unless the owner also reports news or sports and such commercialization contributes to a pattern of competition with the owner;
(4) Commercialization of a database for science, education, or research unless such commercialization contributes to a pattern of competition with the owner;
(5) Commercialization of a database for law enforcement or intelligence activities authorized by any government or government entity; or
(6) Commercialization of a database to address, route, forward, transmit, connect, receive, or store Internet communications.

10-1-905.
Courts of this state shall have jurisdiction over any action under this article involving a database:
(1) That is actively maintained and accessible in this state, whether or not one or more copies are maintained or accessible elsewhere; or
(2) Whose owner is a legal resident of or maintains a place of business in this state.

10-1-906.
Nothing in this article shall affect or abridge any right, limitation, obligation, or remedy under any federal or state law, including without limitation any law concerning copyright, patent, trademark, trade secrets, privacy, open records, securities, telecommunications, or antitrust.

10-1-907.
No criminal proceeding or civil action shall be maintained under this article unless it is commenced within five years after the cause of action arises.

10-1-908.
Any person injured as a result of a violation of Code Section 10-1-903 may bring a civil action in any court having jurisdiction over the defendant for such violation and recover actual damages, exemplary damages in the case of an intentional violation, and attorney´s fees and court costs. The court may also within its discretion grant equitable or declaratory relief.

10-1-909.
Any person who willfully violates Code Section 10-1-903 shall be punished by imprisonment for not more than five years or by a fine of not more than $50,000.00, or both."