The Effect of Feist in the US Database Market
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
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Footprints of Feist in European Database Directive A Legal Analysis of IP Law-making in Europe
Footprints of Feist in European Database Directive
Indranath Gupta
Footprints of Feist in European Database Directive A Legal Analysis of IP Law-making in Europe
123
Indranath Gupta Centre for Intellectual Property and Technology Law, Jindal Global Law School O.P. Jindal Global University Sonipat, Haryana India
ISBN 978-981-10-3980-5 DOI 10.1007/978-981-10-3981-2
ISBN 978-981-10-3981-2
(eBook)
Library of Congress Control Number: 2017933061 © Springer Nature Singapore Pte Ltd. 2017 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer Nature Singapore Pte Ltd. The registered company address is: 152 Beach Road, #21-01/04 Gateway East, Singapore 189721, Singapore
Foreword
Intellectual property is not a monopoly on facts, information and data. Until recent years, this principle seemed to be safely entrenched in both national laws and jurisprudence across the world. Copyright laws instruct that authors have certain exclusive rights on their own original expressions, but cannot exclude others from accessing, using and benefiting from the information that such expressions convey. Similarly, patents give to inventors a temporary monopoly on certain uses of their own inventions, but on condition that the information on how to work the invention is fully disclosed and made accessible to anyone interested in the patent. Collections of data, or databases, made no exception. However many facts, information or data you collect, you do not acquire a right to exclude others from using the collection and pick up the information therein contained. As the US Supreme Court stated in the landmark Feist decision: “Common sense tells us that 100 uncopyrightable facts do no
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