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Intellectual Property Protection of Fact-based Works

Copyright and Its Alternatives

Intellectual Property Protection of Fact-based Works by Robert F Brauneis
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The 1991 US Supreme Court decision in "Feist Publications Incorporated v. Rural Telephone Service Company" held that factual matter is not subject to copyright protection because it is not original to the author, thus dramatically rejecting a two-century-old tradition of protecting factual compilations under copyright. The contributors to this book reassess this decision and its implications, particularly for the protection of electronic databases. The debate over fact-based works has grown still more complicated since Feist with the enactment of worldwide initiatives that extend the protection of databases, such as the European Union's Database Directive. A number of legal scholars have voiced their opinions on how Congress should react to the Court's decision and the Database Directive, but none have put forth a viable solution or questioned the debate's underlying assumptions. The contributors to this insightful book turn their attention to these overlooked aspects, approaching the protection of factual matter from a range of perspectives: policy, historical, comparative, empirical and philosophical.
Edward Elgar Publishing; January 2009
360 pages; ISBN 9781849801898
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Title: Intellectual Property Protection of Fact-based Works
Author: Robert F Brauneis