There are three basic models for legal protection of databases that can be easily identified.

1. Copyright protection is provided at a low level of originality. Under this model, copyright protection is provided for compilations on the basis that a substantial investment has been made in the compilation. This model presently applies in a number of common law countries such as Australia. The effect is that a database user cannot take a substantial amount of the data contained within the database.

2. Copyright protection is provided if there is some creativity in the selection or arrangement of the database material, coupled with a sui generis right. Copyright prevents the taking of the selection or arrangement. The sui generis right protects the investment in obtaining, verifying and presenting the data within the database. It does so by prohibiting the unauthorised extraction or re-utilisation 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. The Directive contains this model.

3. Copyright protection is provided for the creativity in the selection or arrangement of the database material. No protection is provided for the data contained within the database. At the time of writing, this model operates in the United States. Various bills have been placed before Congress to provide additional protection, but none has been passed as yet. The latest bills have proposed protection for the contents of databases where the database owner can demonstrate that a defendant's actions have materially harmed its primary or related market for the database.