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Author: Estelle Derclaye
Publisher: Edward Elgar Publishing
ISBN: 184720998X
Category : Computers
Languages : en
Pages : 391
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Book Description
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.
Author: Estelle Derclaye
Publisher: Edward Elgar Publishing
ISBN: 184720998X
Category : Computers
Languages : en
Pages : 391
Get Book Here
Book Description
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.
Author: Library of Congress. Copyright Office
Publisher: Library of Congress
ISBN:
Category : Computers
Languages : en
Pages : 248
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Book Description
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)
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309068258
Category : Computers
Languages : en
Pages : 186
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Book Description
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.
Author: Christopher Rees
Publisher: Jordan Publishing (GB)
ISBN:
Category : Computers
Languages : en
Pages : 296
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Book Description
Highlights the practical issues surrounding the legal protection of databases, explains the database right and assesses the impact that 1998 database law will have on anyone seeking to protect, develop and exploit their own databases or licence, challenge or acquire rights over others.
Author: National Academy of Engineering
Publisher: National Academies Press
ISBN: 0309062438
Category : Technology & Engineering
Languages : en
Pages : 239
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Book Description
Information technology is a powerful tool for meeting environmental objectives and promoting sustainable development. This collection of papers by leaders in industry, government, and academia explores how information technology can improve environmental performance by individual firms, collaborations among firms, and collaborations among firms, government agencies, and academia. Information systems can also be used by nonprofit organizations and the government to inform the public about broad environmental issues and environmental conditions in their neighborhoods. Several papers address the challenges to information management posed by the explosive increase in information and knowledge about environmental issues and potential solutions, including determining what information is environmentally relevant and how it can be used in decision making. In addition, case studies are described and show how industry is using information systems to ensure sustainable development and meet environmental standards. The book also includes examples from the public sector showing how governments use information knowledge systems to disseminate "best practices" beyond big firms to small businesses, and from the world of the Internet showing how knowledge is shared among environmental advocates and the general public.
Author: Mark J. Davison
Publisher: Cambridge University Press
ISBN: 1139435655
Category : Law
Languages : en
Pages : 358
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Book Description
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.
Author: Vera J. Lipton
Publisher:
ISBN: 9781838809867
Category : Big data
Languages : en
Pages :
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Book Description
Public science is critical to the economy and to society. However, much of the beneficial impact of scientific research only occurs when scientific knowledge is disseminated broadly and is used by others. This book examines the emerging policy, law and practice of facilitating open access to scientific research data. One particular focus is to examine the open data policies recently introduced by research funders and publishers, and the potential in these for driving the practice of open scientific data into the future. This study identifies five major stumbling blocks to sustainable open scientific data. Firstly, it is the prevailing mindset that facilitating open access to data is analogous to facilitating open access to publications and, therefore, research data can easily be shared, with research funders and librarians effectively leading the process. Secondly, it is the unclear meaning of the term data which causes confusion among stakeholders. Thirdly, it is the misunderstood incentives for data sharing and the additional inputs required from researchers. Fourthly, data privacy—an issue that only applies to selected research datasets, and yet appears to dominate the discussion about open research data. Finally, there is a copyright law, which poses challenges at different stages of data release and reuse. In this book, it is argued that the above problems can be addressed using a staged model for open scientific data. I draw specifically on the practice with open scientific data at CERN (the European Organization for Nuclear Research) and the practice of sharing clinical trial data to argue that open data can be shared at various stages of processing and diversification. This model is supplemented by recommendations proposing changes to existing open data mandates and the introduction of a text and data mining exemption into Australian copyright law.
Author: U. S. Government Staff
Publisher:
ISBN: 9781931641333
Category :
Languages : en
Pages : 244
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Book Description
Author: Daniel Solove
Publisher:
ISBN: 9781948771252
Category :
Languages : en
Pages :
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Book Description
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9287198497
Category : Political Science
Languages : en
Pages : 402
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Book Description
The rapid development of information technology has exacerbated the need for robust personal data protection, the right to which is safeguarded by both European Union (EU) and Council of Europe (CoE) instruments. Safeguarding this important right entails new and significant challenges as technological advances expand the frontiers of areas such as surveillance, communication interception and data storage. This handbook is designed to familiarise legal practitioners not specialised in data protection with this emerging area of the law. It provides an overview of the EU’s and the CoE’s applicable legal frameworks. It also explains key case law, summarising major rulings of both the Court of Justice of the European Union and the European Court of Human Rights. In addition, it presents hypothetical scenarios that serve as practical illustrations of the diverse issues encountered in this ever-evolving field.
