Footprints of Feist in European Database Directive [electronic resource] : A Legal Analysis of IP Law-making in Europe /
Gupta, Indranath.author.(orcid)0000-0002-6262-4885https://orcid.org/0000-0002-6262-4885aut
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.
Includes bibliographical references.
Introduction -- Database Directive Proposal in Europe -- Feist Jurisprudence in US -- Impact of Feist in the US -- Feist’s threshold and Author’s Own Intellectual Creation -- Feist Jurisprudence in Database Directive -- Uncertainties with database right: Negative Interpretation of Feist -- Conclusion -- Bibliography.
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.
Mass media.
Law.
Law—Philosophy.
Law—Europe.
IT Law, Media Law, Intellectual Property.
Theories of Law, Philosophy of Law, Legal History.
European Law.
IT Law, Media Law, Intellectual Property.