Search Results for report-of-legal-protection-for-databases

This report gives an overview of the past and present domestic and international legal framework for database protection.

Author: Library of Congress. Copyright Office

Publisher: U.S. Government Printing Office

ISBN: PURD:32754066848585

Category: Law

Page: 234

View: 115

This report gives an overview of the past and present domestic and international legal framework for database protection. It describes database industry practices in securing protection against unauthorized use and Copyright Office registration practices relating to databases. Finally, it discusses issues raised and concerns expressed in a series of Copyright Office meetings to create a new federal intellectual property right in databases. The report is divided into the following sections: (1) "Copyright Protection for Databases in the United States"; (2) "Database Industry Practices"; (3) "Copyright Office Registration Practices"; (4) "The International Context"; (5) "Prior Congressional Consideration"; (6) "Copyright Office Meetings"; and (7) "Issues" (including general, needs for additional protection, form of new protection, definitions, public interest users, duration, sole source data, and constitutionality). Appendices include: the Copyright Office Circular 65; European Database Directive; Proposed WIPO Database Treaty; Database Investment and Intellectual Property Antipiracy Act of 1996, H.R. 3531; and Copyright Office Database Meeting Participants. (AEF)

Author: Library of Congress


ISBN: OCLC:958658067



View: 771


Author: U. S. Government Staff


ISBN: 1931641331


Page: 244

View: 857

2002-04-01 By U. S. Government Staff

Databases have always been commodities of both commercial value and social utility, ranging from their early incarnation in the eighteenth century as directories compiled by walking door to door to the late twentieth-century compendiums of ...

Author: U.s. Copyright Office

Publisher: CreateSpace

ISBN: 1502865750

Category: Computers

Page: 112

View: 574

Databases have always been commodities of both commercial value and social utility, ranging from their early incarnation in the eighteenth century as directories compiled by walking door to door to the late twentieth-century compendiums of millions of items in electronic form. The question of whether and how databases should be protected by the law has never been easy, as it necessarily involves finding a balance between two potentially conflicting societal goals: the goal of providing adequate incentives for their continued production, and the goal of ensuring public access to the information they contain. At different points in time, and in different societies, that balance has been struck in different ways. In the past few years, the issue has taken on new urgency due to changes in the legal, technological and international landscape. The major landmarks among these changes have been the U.S. Supreme Court's 1991 decision in Feist Publications v. Rural Telephone Service Co.; rapid developments in the technologies for collecting, organizing, reproducing and disseminating information; and the actions of the European Union in harmonizing the laws of its member states. As a result, 1996 saw the consideration of proposals for a new form of protection for databases, both in the World Intellectual Property Organization and in the U.S. Congress. The discussions sparked a heated debate in the United States, involving a broad spectrum of interests.
2014-10-17 By U.s. Copyright Office

For example, it might be the fluctuation in price ofa particular share in the last five minutes or a report by company directors that has just been released ...

Author: Mark J. Davison

Publisher: Cambridge University Press

ISBN: 9781139435659

Category: Law


View: 931

Mark Davison examines several legal models designed to protect databases, considering in particular the EU Directive, the history of its adoption and its transposition into national laws. He compares the Directive with a range of American legislative proposals, as well as the principles of misappropriation that underpin them. In addition, the book also contains a commentary on the appropriateness of the various models in the context of moves for an international agreement on the topic. This book will be of interest to academics and practitioners, including those involved with databases and other forms of new media.
2003-06-26 By Mark J. Davison

The Inadequacy Copyright Law to Protect Databases Sufficiently The scope of a general legal protection for databases — an important factor in fostering ...

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property


ISBN: PURD:32754069222572

Category: Copyright

Page: 374

View: 702


The European Union's Directive on the legal protection of databases ( “ EU ... reports - risk fall4 ing short of the originality standard , at least as.

Author: United States. Congress. House. Committee on Commerce. Subcommittee on Finance and Hazardous Materials


ISBN: PSU:000043035137

Category: Consumers

Page: 66

View: 994


The Howell Report , supra , note 518 , provides an assessment of current Canadian law that might offer some protection for databases ...

Author: Teresa Scassa

Publisher: CCH Canadian Limited

ISBN: 1553673700

Category: Electronic commerce

Page: 524

View: 126

2004 By Teresa Scassa

282 The report addresses the various domestic and international legal issues regarding database protection, including possible constitutional limitations ...

Author: Scott

Publisher: Wolters Kluwer

ISBN: 9780735565241

Category: Computers

Page: 1760

View: 279

For answers to questions relating to computers, the Internet and other digital technologies - and how to make them work for your clients - turn to this comprehensive, practical resource. Whether you're an experienced IT lawyer, a transactional or intellectual property attorney, an industry executive, or a general practitioner whose clients are coming to you with new issues, you'll find practical, expert guidance on identifying and protecting intellectual property rights, drafting effective contracts, understanding applicable regulations, and avoiding civil and criminal liability. Written by Michael D. Scott, who practiced technology and business law for 29 years in Los Angeles and Silicon Valley, Scott on Information Technology Law, Third Edition offers a real-world perspective on how to structure transactions involving computer products and services such as software development, marketing, and licensing. He also covers the many substantive areas that affect technology law practice, including torts, constitutional issues, and the full range of intellectual property protections. You'll find coverage of the latest issues like these: computer and cybercrime, including spyware, phishing, denial of service attacks, and more traditional computer crimes the latest judicial thinking on software and business method patents open source licensing outsourcing of IT services and the legal and practical issues involved in making it work and more To help you quickly identify issues, the book also includes practice pointers and clause-by-clause analysis of the most common and often troublesome provisions of IT contracts.
2007-01-01 By Scott

Strategies for Legal Counsel Richard H. Weise. None of these remedies provides conclusive protection to database producers. If content is purposely adapted ...

Author: Richard H. Weise

Publisher: Wolters Kluwer

ISBN: 9781567063363

Category: Law

Page: 2200

View: 210

Representing the Corporation gives you the inside track on understanding the legal services the corporation is really seeking from its counsel. Richard H. Weise shares his 30 years of experience in corporate legal affairs to show you how to develop practices that are in tune with the needs and requirements of the client. Weise offers valuable guidance to in-house counsel and practitioners on: Getting client feedback effectively -- Developing a healthy interdependent relationship with the client -- Implementing an effective dispute resolution important client satisfier -- Helping a client with ethics management issues -- Offering the client a "no surprises" covenant. -- Working with the client on important compliance issues and crisis management. -- Plus leading-edge coverage of vital topics such as the law of the Internet, international corporate practice, intellectual property, securities law, government contracting, tax, mergers and acquisitions, and more.Representing the Corporation contains a wealth of adaptable sample forms, checklists, spreadsheets, in-house reports, and manuals for your particular situation.
1996-01-01 By Richard H. Weise

A database is usually described as a compilation of works, data or a collection of other materials arranged ... 2 Report on Legal Protection for Databases.

Author: Manoj Kumar Sinha

Publisher: Springer

ISBN: 9789811039843

Category: Law

Page: 328

View: 859

This book addresses the key issues, challenges and implications arising out of changes in the copyright law and corresponding judicial responses. Using concrete examples, the book does not assume any prior knowledge of copyright law, but brings together leading intellectual property researchers to consider the significant role of copyright law in shaping the needs of the modern digital world. It provides an insight into two distinct arenas: copyright and digital media. The exponential increase in the ability to multiply and disseminate information by digital means has sparked numerous conflicts pertaining to copyright – and in turn has prompted lawmakers to expand the scope of copyright protection in the digital age. Bearing in mind the new questions that the advent of the digital age has raised on the role and function of copyright, the book presents a collection of papers largely covering new frontiers and changing horizons especially in this area. The contributions intensively address core issues including the exhaustion principle, copyright and digital media, liability of hosting service providers, the originality requirement, accessibility to published works for the visually disabled, criminalization of copyright infringement, and software protection under copyright law, among others. Consisting of 14 papers, this book will be equally interesting to researchers, policymakers, practitioners and lawmakers, especially those active in the field of Intellectual Property Rights (IPR).
2017-03-06 By Manoj Kumar Sinha

port on Legal Protection for Databases at 102-107 . It ensures that relevant principles of antitrust law continue to apply to producers in governing how ...

Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts and Intellectual Property


ISBN: PURD:32754071777407

Category: Competition, Unfair

Page: 236

View: 927


A Legal Analysis of IP Law-making in Europe Indranath Gupta ... 175'US Copyright Office: Report on Legal Protection for Databases: August 1997' (n 161).

Author: Indranath Gupta

Publisher: Springer

ISBN: 9789811039812

Category: Law

Page: 189

View: 266

Connected to the jurisprudence surrounding the copyrightability of a factual compilation, this book locates the footprints of the standard envisaged in a US Supreme court decision (Feist) in Europe. In particular, it observes the extent of similarity of such jurisprudence to the standard adopted and deliberated in the European Union. Many a times the reasons behind law making goes unnoticed. The compelling situations and the history existing prior to an enactment helps in understanding the balance that exists in a particular legislation. While looking at the process of enacting the Database Directive (96/9/EC), this book reflects upon the concern that was expressed with the outcome of Feist decision in Europe.
2017-05-23 By Indranath Gupta

Report on the legal protection for databases . Also at the request of Senator Hatch , the Office held numerous meetings and prepared a report on legal ...

Author: United States


ISBN: PURD:32754069276669

Category: Copyright

Page: 39

View: 300

1999 By United States

The legal position of a database created in an employment relationship has been ... summary-report-public-consultation -legal -protection -databases and ...

Author: Bruun, Niklas

Publisher: Edward Elgar Publishing

ISBN: 9781782547259

Category: Law

Page: 424

View: 228

This comprehensive Research Handbook explores the rights of employers and employees with regard to intellectual property (IP) created within the framework of the employment relationship. Investigating the development of employee IP from a comparative perspective, it contextualises issues in the light of theoretical approaches in both IP law and labour law.
2021-07-31 By Bruun, Niklas

A. Protection for Databases and Compilations In 1991 , the US Supreme Court held that to be copyrightable , a compilation must have a modicum of creativity ...

Author: Samuel E. Trosow

Publisher: Psychology Press

ISBN: 0789007649

Category: Language Arts & Disciplines

Page: 200

View: 139

From the informative information contained in The Political Economy of Legal Information: The New Landscape, you will discover how you, as a librarian or other information professional, can comprehend, cope with, and even try to influence the factors which comprise the new legal information landscape. You will discover the great changes in the legal publishing industry that have occurred within the last few years and the new ways in which legal information is produced, stored, disseminated, and used. The Political Economy of Legal Information will provide you with valuable tips to help you make sense of this new landscape so your library can reap the benefits of this new age. This informative book provides you with a collection of essays that describe, asses, and evaluate the political economy of information in the changing realm of legal publishing to keep you and your library on top of this dynamic situation. Through The Political Economy of Legal Information, you will find valuable insight into how you can make adjustments to constant technological changes by: confronting the cost efficiency model which promises both lower prices and greater effectiveness to help you make informed decisions about your library's technology learning about the economic logic of copyright laws to safeguard your library's reliance on big-name databases exploring the new Legal Publishers'List that provides a roadmap to the mergers and acquisitions that have characterized the publishing industry in recent years in order to choose the best manufacturer of the legal products in your library exploring case studies to help you understand how educational institutions, governmental entities, and small publishers can successfully cope with the new information landscape and to keep you informed of all the options available to your library Written by a wide cross section of people who are working with legal information,The Political Economy of Legal Information provides essential information to assist you and your library in staying informed regarding the fast-paced world of legal publishing.

In the United Kingdom there is a surplus of over 300 databases and Germany ... 96/9/EC on the legal protection of databases, hereinafter Evaluation Report, ...


Publisher: ATINER

ISBN: 9789609549097

Category: International law

Page: 306

View: 589

The articles are based on selected presentations at International Conferences on Law, organized by the Athens Institute for Education and Research (ATINER) held in Athens, Greece -- Introd.
2011 By

Author: Library of Congress. Copyright Office


ISBN: HARVARD:32044056087109

Category: Computer-assisted instruction


View: 565


5 Directive (EC) 1996/9 on the legal protection of databases [1996] OJ L77/ 20 (hereafter Database Directive). 6 EU Commission Staff Working Document, ...

Author: Jyh-An Lee

Publisher: Oxford University Press

ISBN: 9780192644282

Category: Law

Page: 496

View: 825

Artificial Intelligence (AI) has become omnipresent in today's business environment: from chatbots to healthcare services to various ways of creating useful information. While AI has been increasingly used to optimize various creative and innovative processes, the integration of AI into products, services, and other operational procedures raises significant concerns across virtually all areas of intellectual property (IP) law. While AI has drawn extensive attention from IP experts globally, this is the first book providing a broad and comprehensive picture from the perspectives of the very nature of AI technology, its commercial implications, its interaction with different kinds of IP, IP administration, software and data, its social and economic impact on the innovation policy, and ultimately AI's eligibility as a legal entity.
2021-02-25 By Jyh-An Lee

De possibles contrepoids', General Report, Proceedings of the ALAI Congress, ... Westkamp, G. (2003c), 'Protecting databases under US and European law ...

Author: Estelle Derclaye

Publisher: Edward Elgar Publishing

ISBN: 9781847209986

Category: Computers

Page: 362

View: 929

Dr Derclaye s book is well structured. . . the methodology is theoretical and comparative. . . Derclaye s work on database law is timely and readable, presenting a sound thesis to the perceived problems. Patricia Akester, Journal of Intellectual Property This book has a wide-ranging, detailed appeal for all lawyers, students and those in the public and private sectors. . . Richard Chambers . . . this book is a detailed, comprehensive and well-researched examination of legal protection of databases, which offers a valuable template for reform that will be of great interest to academics and policymakers alike. Tanya Aplin, European Intellectual Property Review The protection of the investment made in collecting, verifying or presenting database contents is still not harmonised internationally. Some laws over-protect database contents, whilst others under-protect them. This book examines and compares several methods available for the protection of investment in database creation namely, intellectual property, unfair competition, contract and technological protection measures in order to find an adequate type and level of protection. To this effect, the author uses criteria based on a combination of the economics of information goods, the human rights to intellectual property and to information, and the public interest, proposing a model that can be adopted at international and national levels. The Legal Protection of Databases will be of interest to intellectual property lawyers, competition lawyers, as well as general commercial lawyers because of the breadth of laws reviewed. It will also appeal to practitioners, policymakers, economists and students.
2008-01-01 By Estelle Derclaye

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