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A Comparison Of The Legal Protection Of Databases In The United States And Eu
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Book Synopsis A Comparison of the Legal Protection of Databases in the United States and EU by : Mitchell Smith
Download or read book A Comparison of the Legal Protection of Databases in the United States and EU written by Mitchell Smith and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this paper the laws governing the protection of databases in Europe and the United States are considered, as they provide a useful comparison of different approaches to protection. The potential implication of US and EU laws on bioinformatics is also explored, as bioinformatics presents difficult issues centring on the commercial nature of the science. In focussing on copyright protection in the US and the sui generis protection under the EU Directive, it is argued that US copyright law currently provides an insufficient level of database protection. While the tort of misappropriation exists in the US, it is argued that it remains limited in use in protecting database owners due to the onerous cause of action requirements. As such, for protection to be sufficient under the US regime database owners are required to proactively seek protection, for example through the creation of contracts and TPMs. While these are not insufficient ways to protect databases, it may be the case that these options promote the locking up of data and so are not optimal. Conversely, following the ECJ's clarification of the function of the sui generis right of database protection in the case of BHB v William Hill, it is argued that the Directive may provide a more effective means of promoting the openness of information as opposed to a closed system where database owners are less likely to share data. In considering the effects of the Directive on bioinformatics research, it is however contended that the Directive requires further fair dealing exceptions for non-commercial use. It is to be noted that while these arguments remain pertinent to database protection beyond only scientific databases, there is a particularly interesting question with respect to the effects of the law on science that is worth considering.
Book Synopsis A Comparison Between US and EU Data Protection Legislation for Law Enforcement Purposes by :
Download or read book A Comparison Between US and EU Data Protection Legislation for Law Enforcement Purposes written by and published by . This book was released on 2015 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study was commissioned by the European Parliament's Policy Department for Citizens' Rights and Constitutional Affairs at the request of the LIBE Committee. The study compares US and the EU legal frameworks on data protection in the field of law enforcement. It reviews US and EU principal legal sources of data protection legislation in the law enforcement and national security context and identifies rights available to individuals. The study further considers newly introduced or proposed US laws such as the USA FREEDOM Act and the Draft Judicial Redress Act and reviews its compatibility with EU data protection standards.
Book Synopsis Report on Legal Protection for Databases by : Library of Congress. Copyright Office
Download or read book Report on Legal Protection for Databases written by Library of Congress. Copyright Office and published by Library of Congress. This book was released on 1997 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report gives an overview of the past and present domestic and international legal framework for database protection. It describes database industry practices in securing protection against unauthorized use and Copyright Office registration practices relating to databases. Finally, it discusses issues raised and concerns expressed in a series of Copyright Office meetings to create a new federal intellectual property right in databases. The report is divided into the following sections: (1) "Copyright Protection for Databases in the United States"; (2) "Database Industry Practices"; (3) "Copyright Office Registration Practices"; (4) "The International Context"; (5) "Prior Congressional Consideration"; (6) "Copyright Office Meetings"; and (7) "Issues" (including general, needs for additional protection, form of new protection, definitions, public interest users, duration, sole source data, and constitutionality). Appendices include: the Copyright Office Circular 65; European Database Directive; Proposed WIPO Database Treaty; Database Investment and Intellectual Property Antipiracy Act of 1996, H.R. 3531; and Copyright Office Database Meeting Participants. (AEF)
Book Synopsis The Legal Protection of Databases by : Mark J. Davison
Download or read book The Legal Protection of Databases written by Mark J. Davison and published by Cambridge University Press. This book was released on 2003-06-26 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mark Davison examines several legal models designed to protect databases, considering in particular the EU Directive, the history of its adoption and its transposition into national laws. He compares the Directive with a range of American legislative proposals, as well as the principles of misappropriation that underpin them. In addition, the book also contains a commentary on the appropriateness of the various models in the context of moves for an international agreement on the topic. This book will be of interest to academics and practitioners, including those involved with databases and other forms of new media.
Book Synopsis The Legal Protection of Databases by : Estelle Derclaye
Download or read book The Legal Protection of Databases written by Estelle Derclaye and published by Edward Elgar Publishing. This book was released on 2008-01-01 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Data Protection & Privacy by : Monika Kuschewsky
Download or read book Data Protection & Privacy written by Monika Kuschewsky and published by Sweet & Maxwell. This book was released on 2012 with total page 686 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Comparative Case Law Study of the Database Protection Under EU and US Regimes by :
Download or read book Comparative Case Law Study of the Database Protection Under EU and US Regimes written by and published by . This book was released on 2004 with total page 47 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Report of Legal Protection for Databases by : U.s. Copyright Office
Download or read book Report of Legal Protection for Databases written by U.s. Copyright Office and published by CreateSpace. This book was released on 2014-10-17 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Databases have always been commodities of both commercial value and social utility, ranging from their early incarnation in the eighteenth century as directories compiled by walking door to door to the late twentieth-century compendiums of millions of items in electronic form. The question of whether and how databases should be protected by the law has never been easy, as it necessarily involves finding a balance between two potentially conflicting societal goals: the goal of providing adequate incentives for their continued production, and the goal of ensuring public access to the information they contain. At different points in time, and in different societies, that balance has been struck in different ways. In the past few years, the issue has taken on new urgency due to changes in the legal, technological and international landscape. The major landmarks among these changes have been the U.S. Supreme Court's 1991 decision in Feist Publications v. Rural Telephone Service Co.; rapid developments in the technologies for collecting, organizing, reproducing and disseminating information; and the actions of the European Union in harmonizing the laws of its member states. As a result, 1996 saw the consideration of proposals for a new form of protection for databases, both in the World Intellectual Property Organization and in the U.S. Congress. The discussions sparked a heated debate in the United States, involving a broad spectrum of interests.
Book Synopsis The Copyright Protection of the Databases in Europe and the United States and the European Commission's Proposal on Their Legal Protection by : Jean-Marc Dwelshauvers
Download or read book The Copyright Protection of the Databases in Europe and the United States and the European Commission's Proposal on Their Legal Protection written by Jean-Marc Dwelshauvers and published by . This book was released on 1995 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis A Question of Balance by : National Research Council
Download or read book A Question of Balance written by National Research Council and published by National Academies Press. This book was released on 2000-01-15 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: New legal approaches, such as the European Union's 1996 Directive on the Legal Protection of Databases, and other legal initiatives now being considered in the United States at the federal and state level, are threatening to compromise public access to scientific and technical data available through computerized databases. Lawmakers are struggling to strike an appropriate balance between the rights of database rights holders, who are concerned about possible commercial misappropriation of their products, and public-interest users of the data such as researchers, educators, and libraries. A Question of Balance examines this balancing act. The committee concludes that because database rights holders already enjoy significant legal, technical, and market-based protections, the need for statutory protection has not been sufficiently substantiated. Nevertheless, although the committee opposes the creation of any strong new protective measures, it recognizes that some additional limits against wholesale misappropriation of databases may be necessary. In particular, a new, properly scoped and focused U.S. statute might provide a reasonable alternative to the European Union's highly protectionistic database directive. Such legislation could then serve as a legal model for an international treaty in this area. The book recommends a number of guiding principles for such possible legislation, as well as related policy actions for the administration.
Book Synopsis The Legal Protection of Databases in the European Union by :
Download or read book The Legal Protection of Databases in the European Union written by and published by . This book was released on 1995 with total page 40 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Legal Protection of Databases by : Mark J. Davison
Download or read book The Legal Protection of Databases written by Mark J. Davison and published by . This book was released on 2003 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mark Davison compares the European Union directive on the protection of databases with a range of other models. The author traces the history of the EU directive, its adoption and subsequent adaptation to the national laws of member countries.
Author :Robert G. Howell Publisher :Canadian Museum of Civilization/Musee Canadien Des Civilisations ISBN 13 :9780662272892 Total Pages :99 pages Book Rating :4.2/5 (728 download)
Book Synopsis Database Protection and Canadian Laws by : Robert G. Howell
Download or read book Database Protection and Canadian Laws written by Robert G. Howell and published by Canadian Museum of Civilization/Musee Canadien Des Civilisations. This book was released on 1998-01-01 with total page 99 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Big Data, Health Law, and Bioethics by : I. Glenn Cohen
Download or read book Big Data, Health Law, and Bioethics written by I. Glenn Cohen and published by Cambridge University Press. This book was released on 2018-03-08 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: When data from all aspects of our lives can be relevant to our health - from our habits at the grocery store and our Google searches to our FitBit data and our medical records - can we really differentiate between big data and health big data? Will health big data be used for good, such as to improve drug safety, or ill, as in insurance discrimination? Will it disrupt health care (and the health care system) as we know it? Will it be possible to protect our health privacy? What barriers will there be to collecting and utilizing health big data? What role should law play, and what ethical concerns may arise? This timely, groundbreaking volume explores these questions and more from a variety of perspectives, examining how law promotes or discourages the use of big data in the health care sphere, and also what we can learn from other sectors.
Book Synopsis Balancing Public and Private Interests in Database-Protection by : Michael Beurskens
Download or read book Balancing Public and Private Interests in Database-Protection written by Michael Beurskens and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since the proposed 1996 WIPO-treaty on the legal protection of database failed the sui generis right granted for non-original databases was considered a peculiar oddity in the European Union. Even though several proposals on database-protection have been debated in the US both on the federal and state level (see HR 354 of January 1999, HR 1858 of May 1999, HR 3261 of October 2003 and HR 3872 of March 2004 as well as Georgia Bills from 2001 and 2003), a strong lobbying effort from research facilities, libraries and Internet search engine providers has prevented any law from coming into effect. This paper not only describes the major advantages of the European directive and its implementation in Germany, but also attempts to identify specific flaws and propose future changes. The first half of the paper tries to distinguish databases from other protected works. The criteria of vertical and horizontal independence are suggested as a means to distinguish between (single) multimedia-creations and (dividable) database-elements. Special focus is given to open source software which is developed in collaboration but controlled by a single individual. In addition to a detailed analysis and explanation of both the copyright-provisions and the sui generis right of Directive 96/6 EG and their respective implementation in Germany, the paper also looks into other means of protection like misappropriation, unfair competition and patents. The second part focuses on the effectiveness of the current exceptions carved into the rights for the benefit of third parties. The discussion focuses on the most recent ECJ-decisions (IMS Health, Fixtures Marketing, British Horseracing Board). Special attention is also given to the interrelation between the Database-Directive and the recent Harmonization-Directive which increases protection by allowing for non-circumventable technical measures. The paper concludes that it is highly questionable whether the current exceptions (as interpreted by the courts) sufficiently address the worries opponents bring up against similar legislation in other countries. Unlike copyright-law which is shaped by a mixed bag of well-established limitations, the lack of experience in protection of non-original works has lead to a system unlikely to balance the interests of the creator and the public. It is especially worrisome that the directive effectively privileges online-content over content distributed on tangible media. It is also questioned, whether states should be able to get database-protection (but no copyright) on public registers in the light of the constant move to further transparency.
Book Synopsis The Proposed EU Directive for the Legal Protection of Databases by : Laurence Kaye
Download or read book The Proposed EU Directive for the Legal Protection of Databases written by Laurence Kaye and published by . This book was released on 1995 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Data Protection in EU and US Criminal Cooperation by : Els de Busser
Download or read book Data Protection in EU and US Criminal Cooperation written by Els de Busser and published by Maklu. This book was released on 2009 with total page 476 pages. Available in PDF, EPUB and Kindle. Book excerpt: The research in this doctoral thesis examines the protection of personal data in two relationships: between judicial and law enforcement authorities of the EU Member States (including Europol and Eurojust) on the one hand and the US on the other hand. The book provides answers to the central question as to whether the EU complies with her own standards of data protection in these internal relations, as well as in the transatlantic cooperation in criminal matters. The new framework decision on data protection in criminal matters that entered into force in early 2009 is a significant element in this study, alongside the agreement concluded between the EU and the US on the mutual assistance in criminal matters of which the entry into force is equally planned for 2009. The book also reflects on the policy proposals of the EU on justice and home affairs for the period of 2010-2014. [Siracusa Prizewinner - This book was awarded the 2014 Siracusa Prize of the International Association of Penal Law (AIDP-IAPL), Paris. The 2014 Siracusa Prize is delivered on the occasion of the XIXth International Congress of Penal Law, Rio de Janeiro Paris.]
