Copyright, Data and Creativity in the Digital Age: A Journey through Feist

The Supreme Court of the United States established in Feist v. Rural (1991) that databases must have a minimal degree of creativity for copyright protection. This decision has had a significant impact worldwide, but its interpretation remains complex. The book provides an account of the decision's conceptual structure and proposes a four-stage test to determine the presence of creativity, which has practical relevance to property in data in the digital age and is of theoretical interest to researchers, practitioners, and students of intellectual property.

Format: Paperback / softback
Length: 168 pages
Publication date: 09 January 2023
Publisher: Taylor & Francis Ltd

The Supreme Court of the United States made a groundbreaking ruling in Feist v. Rural (1991) that established a crucial requirement for copyright protection of databases: they must possess a minimum degree of creativity. This landmark decision marked the beginning of the post-Feist era, which has had a profound global impact. However, the intricacy of the ruling and its inadequate interpretation have led to ongoing debates and challenges.

In particular, the concept of creativity remains elusive, making it difficult to ascertain the criteria for determining whether a database qualifies for copyright protection. The book delves into the conceptual structure of the decision, emphasizing its comprehensive definition of the opposite of creativity. Surprisingly, it establishes a correlation between creativity and an automatic computational process. Creativity itself is perceived as non-computational or directly human, involving the creation of meaning.

To determine the presence of creativity in a database, the book proposes a four-stage test. This test provides a practical framework for assessing whether a database exhibits the necessary level of originality to be protected under copyright law. The significance of this work extends to the realm of property in data in the digital age, as it offers valuable insights for practitioners, researchers, and students of intellectual property worldwide. By exploring the boundaries of creativity and its relationship to computational processes, the book contributes to the ongoing discourse on intellectual property rights in the digital era.

Weight: 453g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367537142