Footprints of Feist in European Database Directive: A Legal Analysis of IP Law-Making in Europe (Paperback)

1.0 Introduction 2.0 Database Directive Proposal in Europe 2.1 Overall argument for a Database Directive Incentive for database producers Database production and legal structure in Europe Protecting electronic databases Incentive argument and production of databases The first evaluation report and question of incentive 2.2 Structure of protection: perspective of producers 2.3 Two-tier structure of Database Directive 2.4 Feist decision as an argument for protection of databases Requirement of copyright protection Sweat of the brow and electronic databases Adverse effect 3.0 Feist Jurisprudence in US 3.1 Feist guidelines Originality and the US Constitution The threshold for protecting compilations 3.2 Feist and existing law Principles in previous cases The idea of originality 3.3 Registration of compilations subsequent to Feist Process of registration Adopted measures 3.4 Cases following Feist Threshold of protection Amount of consistency 4.0 Impact of Feist in the US 4.1 'Sweat of the brow' as an incentive for database production Extent of impact on producers Use of technical measures 4.2 Five years after Feist 4.3 Rate of investment Investment towards databases Electronic publishing Non-electronic databases Effective business policy and utility of legislation 4.4 US database debate and Feist decision EU influence The debate at the WIPO Effect of Warren Publishing and Mathew Bender 5.0 Feist's threshold and Author's Own Intellectual Creation 5.1 Football Dataco case in England Selection process adopted The threshold of creativity <5.2 CJEU observation in Football Dataco Creativity in data creation Creativity and single-sourced database Agreement with threshold adopted in England 5.3 Member States' interpretation of Article 3 Convergence to a uniform AOIC threshold Modicum of creativity 6.0 Feist Jurisprudence in Database Directive 6.1 Resemblance of Feist standard Minimum creativity and a second comer Pre-existing work, use of computer and sweat of the brow Application of quantitative factor 6.2 Influence of Feist in AOIC Green Paper to first draft proposal: from Berne to Feist Accepted norm Threshold over the years 6.3 Positive effect of Feist Incentive for future database producers Removal of sweat of the brow for copyright protection of databases Copyright chapter separated from Database Right Factual contents and monopoly 6.4 Non-electronic databases under Article 3 Unique arrangement in competitive situation Selected information and market demand Securing investments towards contents 6.5 Experiments with Database Right 7.0 Uncertainties with database right: Negative Interpretation of Feist 7.1 Requirement in the draft proposal Limited protection to producers Limited incentive for electronic databases 7.2 Imbalance and complexities in the enactment Threshold of substantial investment uncertain Limited exceptions Uncertain term of protection 7.3 Single-sourced databases under the Directive Investment barrier and Dataco decision Monopoly over factual content Database Right extra layer of protection 8.0 Conclusion Bibliography