Footprints Of Feist In European Database Directive
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Footprints Of Feist In European Database Directive
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Author : Indranath Gupta
language : en
Publisher: Springer
Release Date : 2017-05-23
Footprints Of Feist In European Database Directive written by Indranath Gupta and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-23 with Law categories.
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.
Copyright Data And Creativity In The Digital Age
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Author : Julian Warner
language : en
Publisher: Routledge
Release Date : 2020-09-01
Copyright Data And Creativity In The Digital Age written by Julian Warner and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-01 with Law categories.
The Supreme Court of the United States in Feist v. Rural (1991) required that databases must have a minimal degree of creativity for copyright. The judgment was highly significant and the subsequent period is understood as the post-Feist era. It has been globally influential. However, the decision is extremely complex and remains unsatisfactorily interpreted. In particular, it has been impossible to illuminate the creativity requirement. The book gives an account of the decision’s conceptual structure, focusing on its full delineation of the opposite to creativity. In a radical and unprecedented innovation, it is correlated with an automatic computational process. Creativity itself is understood as non-computational or directly human activity concerned with meaning. Determining the presence of creativity is reduced to a four-stage test. This work then has acute practical current relevance to property in data in the digital age; it will also be of theoretical interest to, and is aimed at, researchers in, practitioners, and students of intellectual property worldwide.
The State Of Open Data
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Author : Davies, Tim
language : en
Publisher: African Minds
Release Date : 2019-05-22
The State Of Open Data written by Davies, Tim and has been published by African Minds this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-22 with Social Science categories.
It’s been ten years since open data first broke onto the global stage. Over the past decade, thousands of programmes and projects around the world have worked to open data and use it to address a myriad of social and economic challenges. Meanwhile, issues related to data rights and privacy have moved to the centre of public and political discourse. As the open data movement enters a new phase in its evolution, shifting to target real-world problems and embed open data thinking into other existing or emerging communities of practice, big questions still remain. How will open data initiatives respond to new concerns about privacy, inclusion, and artificial intelligence? And what can we learn from the last decade in order to deliver impact where it is most needed? The State of Open Data brings together over 60 authors from around the world to address these questions and to take stock of the real progress made to date across sectors and around the world, uncovering the issues that will shape the future of open data in the years to come.
Health Data Pools Under European Data Protection And Competition Law
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Author : Giulia Schneider
language : en
Publisher: Springer Nature
Release Date : 2022-04-13
Health Data Pools Under European Data Protection And Competition Law written by Giulia Schneider and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04-13 with Law categories.
This book explores the emerging economic reality of health data pools from the perspective of European Union policy and law. The contractual sharing of health data for research purposes is giving rise to a free movement of research data, which is strongly encouraged at European policy level within the Digital Single Market Strategy. However, it has also a strong impact on data subjects' fundamental right to data protection and smaller businesses and research entities ability to carry out research and compete in innovation markets. Accordingly the work questions under which conditions health data sharing is lawful under European data protection and competition law. For these purposes, the work addresses the following sub-questions: i) which is the emerging innovation paradigm in digital health research?; ii) how are health data pools addressed at European policy level?; iii) do European data protection and competition law promote health data-driven innovation objectives, and how?; iv) which are the limits posed by the two frameworks to the free pooling of health data? The underlying assumption of the work is that both branches of European Union law are key regulatory tools for the creation of a common European health data space as envisaged in the Commissions 2020 European strategy for data. It thus demonstrates that both European data protection law, as defined under the General Data Protection Regulation, and European competition law and policy set research enabling regimes regarding health data, provided specific normative conditions are met. From a further perspective, both regulatory frameworks place external limits to the freedom to share (or not share) research valuable data.
Big Data
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Author : Matthias Leistner
language : de
Publisher: Mohr Siebeck
Release Date : 2021-03-25
Big Data written by Matthias Leistner and has been published by Mohr Siebeck this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-03-25 with Law categories.
Die regulatorischen Herausforderungen der Datenökonomie sind in aller Munde. Die vorliegende Studie leistet einen aktuellen Beitrag zur Konkretisierung und Präzisierung der Diskussion für Wissenschaft und Praxis aus immaterialgüter- und datenschutzrechtlicher Perspektive. Der Stand der lex lata wird für die Praxis und als Basis für weitere wissenschaftliche Diskussion umfassend aufbereitet. Dabei wird insbesondere auch der Geschäftsgeheimnisschutz nach dem aktuellen GeschGehG und der EU-Geschäftsgeheimnis-Richtlinie zentral mit behandelt. Zudem diskutieren die Autoren aktuelle Reformprojekte unter Berücksichtigung der Vorschläge der Kommission für den Digital Markets Act und den Digital Services Act. Auf dieser breiten Basis werden schließlich aus wissenschaftlicher Sicht weitere wesentliche Reformperspektiven aufgezeigt, die von den Leitgedanken der Innovation durch wirksamen Wettbewerb und Datenzugang sowie materieller Privatautonomie auf der Basis eines angemessenen Ausgleichs der einschlägigen Grundrechtspositionen bestimmt sind.
Biblio Europe
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Author :
language : en
Publisher:
Release Date : 1994
Biblio Europe written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1994 with Europe categories.
Transition And Coherence In Intellectual Property Law
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Author : Niklas Bruun
language : en
Publisher: Cambridge University Press
Release Date : 2021-01-07
Transition And Coherence In Intellectual Property Law written by Niklas Bruun and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-07 with Law categories.
This volume is for students and scholars of intellectual property law, practitioners seeking creative arguments from across the field, and policymakers searching for solutions to changing social and technological issues. The book explores the tensions between two fundamentally competing demands made of IP law.
Architectural Regeneration
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Author : Aylin Orbasli
language : en
Publisher: John Wiley & Sons
Release Date : 2020-08-03
Architectural Regeneration written by Aylin Orbasli and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-03 with Architecture categories.
A comprehensive and detailed overview of the active regeneration, rehabilitation and revitalisation of architectural heritage. The combined processes of globalisation, urbanisation, environmental change, population growth and rapid technological development have resulted in an increasingly complex, dynamic and interrelated world, in which concerns about the meaning of cultural heritage and identity continue to grow. As the need for culturally and environmentally sustainable design grows, the challenge for professionals involved in the management of inherited built environments is to respond to this ever-changing context in a critical, dynamic and creative way. Our knowledge and understanding of the principles, approaches and methods to sustainably adapt existing buildings and places is rapidly expanding. Architectural Regeneration contributes to this knowledge-base through a holistic approach that links policy with practice and establishes a theoretical framework within which to understand architectural regeneration. It includes extensive case studies of the regeneration, rehabilitation and revitalisation of architectural heritage from around the world. Different scales and contexts of architectural regeneration are discussed, including urban, suburban, rural and temporary. At a time when regeneration policy has shifted to the recognition that ‘heritage matters’ and that the historic environment and creative industries are a vital driver of regeneration, an increasing workload of architectural practices concerns the refurbishment, adaptive re-use or extension of existing buildings. As a result, this book is ideal for undergraduate and graduate students of architecture, historic conservation, urban and environmental design, sustainability, and urban regeneration, as well as for practitioners and decision makers working in those fields.
The Legal Protection Of Databases
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Author : Estelle Derclaye
language : en
Publisher: Edward Elgar Publishing
Release Date : 2008-01-01
The Legal Protection Of Databases written by Estelle Derclaye and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-01-01 with Computers categories.
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.
Choice Of Law In Copyright And Related Rights
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Author : Mireille M. M. van Eechoud
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2003-01-01
Choice Of Law In Copyright And Related Rights written by Mireille M. M. van Eechoud and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Law categories.
Nobody denies that the traditional territorial approach to copyright and other intellectual property rights has come under pressure. Yet it persists. Faced with the need to determine the applicable law in cross-border cases, lawyers everywhere wrestle with the implications of the territorial nature of copyright and related rights. In this book Mireille van Eechoud clears the way to the formulation of conflict rules that reflect the purpose of copyright law- to protect creators and stimulate the production and use of information- without reverting to old-fashioned notions of territoriality. She shows how the applicable law can be determined for four distinct legal avenues of intellectual property law: Which exclusive rights exist in an intellectual creation and for how long; Who is considered to own such right; How can these rights be transferred; and What continues infringement of copyright and related rights. Mireille van Eechoud shows how, when each of these questions is approached in the light of the different allocation principles used in modern choice of law, a new clarity begins to emerge that promises in time to build a set of conflict rules well suited to the unprecedented copyright and related rights issues that we find so difficult to resolve today. Her in-depth analysis draws in the classis multilateral conventions and treaties, underlying policies, technological and economic developments, utilitarian grounds versus justice considerations, and issues of infringement in the digital environment. INFORMATION LAW SERIES 12.