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Über dieses Buch

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.

Inhaltsverzeichnis

Frontmatter

Chapter 1. Introduction

Abstract
The importance of databases is paramount because technology enables us to access vast amount of information in a systematic manner.
Indranath Gupta

Chapter 2. The Argument for a Database Directive in Europe

Abstract
This chapter essentially acts as a background to this book. It generates the idea of using the Feist decision as one of the arguments behind enacting the Database Directive in Europe, and its implication on the overall structure of the Directive.
Indranath Gupta

Chapter 3. Feist, Not a New-Line of Jurisprudence

Abstract
It was believed that Feist decision replaced ‘sweat of the brow’ argument for providing copyright protection to factual compilations. Removal of sweat of the brow theory from the ambit of copyright protection was held detrimental for future production of databases. This chapter shows that Feist decision was not unique and it re-iterated existing copyright law in US. Feist tried to resolve the conflict relating to the threshold of originality in limited circuits. The threshold standard stated for copyright protection was not a surprise for the US Copyright Office. Further, the guidelines of Feist decision have been consistently followed in decisions dealing with the question of copyrightability of factual compilations.
Indranath Gupta

Chapter 4. The Effect of Feist in the US Database Market

Abstract
The explanatory memorandum to the First proposal of the European Database Directive contemplated the ‘gap’ that Feist was likely to create, since ‘sweat of the brow’ as a reason to provide copyright protection to compilations was removed. It was believed that such removal would result in less incentive for producers engaged in the production of databases. This chapter observes this concern as expressed in the explanatory memorandum in the background of the US database market where the sui generis database right is not present. It concludes on a note that ‘sweat of the brow’ had a questionable role in incentivizing database production. There was less uncertainty with Feist decision and investment continued to flow towards production of electronic databases. Further, the prolonged database debate in US did not result from Feist. The debate resulted largely because of other factors.
Indranath Gupta

Chapter 5. Threshold of Author’s Own Intellectual Creation

Abstract
The harmonization of copyright protection for databases was done in the background of uncertainty with the threshold of originality required for protection of compilations in Europe. The Directive left the meaning assigned to author’s own intellectual creation AOIC undefined after the harmonization. At the European level, CJEU interpreted the scope of Article 3 in Football Dataco decision. According to CJEU there are certain guidelines to be followed by a database maker to merit copyright protection, but the threshold should be decided by the courts in member states. The CJEU held that scope of Article 3 is only limited to storage and processing of existing data.
Indranath Gupta

Chapter 6. Feist Standard in the Threshold Assigned to AOIC

Abstract
Harmonization of the threshold of copyright protection (author’s own intellectual creation) for databases under Article 3 resembles the standard developed in Feist decision. Following the impact of Feist, there have been positive developments such as freeing of factual information available in public domain. Examples suggest that producers are interested in improving the presentation of factual contents in compilations. By virtue of this arrangement, their directories are copyrightable.
Indranath Gupta

Chapter 7. Uncertainties with Sui Generis Database Right: Negative Interpretation of Feist

Abstract
The concern with the apparent negative effect as a result of the Feist judgment gave rise to the database right in Europe. This chapter observes such negative effect at the formative stage, stage of enactment and post-enactment stage. All these effects are associated with the structure of the database right. Although concern with the right can only be comprehended at the first two stages, ill-effects are truly visible in the post-enactment stage. The database right has led to considerable monopoly concerns, especially with single-sourced databases.
Indranath Gupta

Backmatter

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