The Legal Protection of Databases
The Legal Protection of Databases

Author: Estelle Derclaye

Publisher: Edward Elgar Publishing

Published: 2008-01-01

Total Pages: 391

ISBN-13: 184720998X

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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.

The Legal Protection of Databases
The Legal Protection of Databases

Author: Mark J. Davison

Publisher: Cambridge University Press

Published: 2003-06-26

Total Pages: 358

ISBN-13: 1139435655

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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.

Report on Legal Protection for Databases
Report on Legal Protection for Databases

Author: Library of Congress. Copyright Office

Publisher: Library of Congress

Published: 1997

Total Pages: 248

ISBN-13:

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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)

Report of Legal Protection for Databases
Report of Legal Protection for Databases

Author: U.s. Copyright Office

Publisher: CreateSpace

Published: 2014-10-17

Total Pages: 112

ISBN-13: 9781502865755

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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.

The Legal Protection of Databases
The Legal Protection of Databases

Author: Mark J. Davison

Publisher: Cambridge University Press

Published: 2003-06-26

Total Pages: 360

ISBN-13: 9780521802574

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Mark Davison examines several legal models designed to protect databases, and specifically, the E.U. Directive--the history of its adoption and its transposition into national laws. Davison compares the Directive with various American legislative proposals, as well as the principles of misappropriation that are behind them. In addition, the book contains a commentary on the appropriateness of the various models in the context of arguments for international agreement on the topic.

A Comparison of the Legal Protection of Databases in the United States and EU
A Comparison of the Legal Protection of Databases in the United States and EU

Author: Mitchell Smith

Publisher:

Published: 2010

Total Pages: 0

ISBN-13:

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In this paper the laws governing the protection of databases in Europe and the United States are considered, as they provide a useful comparison of different approaches to protection. The potential implication of US and EU laws on bioinformatics is also explored, as bioinformatics presents difficult issues centring on the commercial nature of the science. In focussing on copyright protection in the US and the sui generis protection under the EU Directive, it is argued that US copyright law currently provides an insufficient level of database protection. While the tort of misappropriation exists in the US, it is argued that it remains limited in use in protecting database owners due to the onerous cause of action requirements. As such, for protection to be sufficient under the US regime database owners are required to proactively seek protection, for example through the creation of contracts and TPMs. While these are not insufficient ways to protect databases, it may be the case that these options promote the locking up of data and so are not optimal. Conversely, following the ECJ's clarification of the function of the sui generis right of database protection in the case of BHB v William Hill, it is argued that the Directive may provide a more effective means of promoting the openness of information as opposed to a closed system where database owners are less likely to share data. In considering the effects of the Directive on bioinformatics research, it is however contended that the Directive requires further fair dealing exceptions for non-commercial use. It is to be noted that while these arguments remain pertinent to database protection beyond only scientific databases, there is a particularly interesting question with respect to the effects of the law on science that is worth considering.

A Question of Balance
A Question of Balance

Author: National Research Council

Publisher: National Academies Press

Published: 2000-01-15

Total Pages: 186

ISBN-13: 0309068258

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New legal approaches, such as the European Union's 1996 Directive on the Legal Protection of Databases, and other legal initiatives now being considered in the United States at the federal and state level, are threatening to compromise public access to scientific and technical data available through computerized databases. Lawmakers are struggling to strike an appropriate balance between the rights of database rights holders, who are concerned about possible commercial misappropriation of their products, and public-interest users of the data such as researchers, educators, and libraries. A Question of Balance examines this balancing act. The committee concludes that because database rights holders already enjoy significant legal, technical, and market-based protections, the need for statutory protection has not been sufficiently substantiated. Nevertheless, although the committee opposes the creation of any strong new protective measures, it recognizes that some additional limits against wholesale misappropriation of databases may be necessary. In particular, a new, properly scoped and focused U.S. statute might provide a reasonable alternative to the European Union's highly protectionistic database directive. Such legislation could then serve as a legal model for an international treaty in this area. The book recommends a number of guiding principles for such possible legislation, as well as related policy actions for the administration.

Database Law
Database Law

Author: Christopher Rees

Publisher: Jordan Publishing (GB)

Published: 1998

Total Pages: 296

ISBN-13:

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Highlights the practical issues surrounding the legal protection of databases, explains the database right and assesses the impact that 1998 database law will have on anyone seeking to protect, develop and exploit their own databases or licence, challenge or acquire rights over others.