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Author | : Estelle Derclaye |
Publisher | : Edward Elgar Publishing |
Total Pages | : 391 |
Release | : 2008-01-01 |
Genre | : Computers |
ISBN | : 184720998X |
Download The Legal Protection of Databases Book in PDF, ePub and Kindle
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.
Author | : Simon Chalton |
Publisher | : |
Total Pages | : 147 |
Release | : 2001 |
Genre | : Copyright |
ISBN | : |
Download The Legal Protection of Databases Book in PDF, ePub and Kindle
Author | : Mark J. Davison |
Publisher | : Cambridge University Press |
Total Pages | : 358 |
Release | : 2003-06-26 |
Genre | : Law |
ISBN | : 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.
Author | : Library of Congress. Copyright Office |
Publisher | : Library of Congress |
Total Pages | : 248 |
Release | : 1997 |
Genre | : Computers |
ISBN | : |
Download Report on Legal Protection for Databases Book in PDF, ePub and Kindle
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 | : U. S. Government Staff |
Publisher | : |
Total Pages | : 244 |
Release | : 2002-04-01 |
Genre | : |
ISBN | : 9781931641333 |
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Author | : Christopher Rees |
Publisher | : Jordan Publishing (GB) |
Total Pages | : 296 |
Release | : 1998 |
Genre | : Computers |
ISBN | : |
Download Database Law Book in PDF, ePub and Kindle
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.
Author | : U.s. Copyright Office |
Publisher | : CreateSpace |
Total Pages | : 112 |
Release | : 2014-10-17 |
Genre | : Computers |
ISBN | : 9781502865755 |
Download Report of Legal Protection for Databases Book in PDF, ePub and Kindle
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.
Author | : |
Publisher | : |
Total Pages | : 40 |
Release | : 1995 |
Genre | : |
ISBN | : |
Download The Legal Protection of Databases in the European Union Book in PDF, ePub and Kindle
Author | : Mark J. Davison |
Publisher | : Cambridge University Press |
Total Pages | : 360 |
Release | : 2003-06-26 |
Genre | : Law |
ISBN | : 9780521802574 |
Download The Legal Protection of Databases Book in PDF, ePub and Kindle
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.
Author | : National Research Council |
Publisher | : National Academies Press |
Total Pages | : 186 |
Release | : 2000-01-15 |
Genre | : Computers |
ISBN | : 0309068258 |
Download A Question of Balance Book in PDF, ePub and Kindle
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.