Copyright Protection Of Databases Research Articles

The Public Interest and the Information Superhighway: The Digital Future Coalition (1996–2002) and the Afterlife of the Digital Millennium Copyright Act

The Digital Future Coalition (1996–2002) was an unprecedented public interest coalition on internet and copyright policy with much fartherranging effects than has been recognized previously. Uniting commercial and noncommercial stakeholders to push back against intellectual property maximalism on the nascent internet, it altered both treaty and legislative language, entered a trope (“balance”) into national discourse on copyright policy, blocked US copyright protection for databases, enhanced popular engagement with fair use, and set the stage for the Right to Repair movement. This historical research was accomplished primarily by interviewing representatives of the Digital Future Coalition (DFC) and opposing groups, as well as one ex-official, and by consulting a hithertountapped private archive of documents relevant to the prehistory and 1996–2002 history of the DFC.

The DMCA, Database Protection, and Right to Repair: The Long Tail of Public Interest Activism in the First Digital Copyright Decade

Abstract: The Digital Future Coalition (1996-2002) was an unprecedented public interest coalition on Internet and copyright policy with much farther-ranging effects than has been recognized previously. Uniting commercial and noncommercial stakeholders to push back against intellectual property maximalism on the nascent Internet, it altered both treaty and legislative language, entered a trope—“balance”—into national discourse on copyright policy, blocked U.S. copyright protection for databases, enhanced popular engagement with fair use, and set the stage for the “Right to Repair” movement. This historical research was accomplished primarily by interviewing representatives of the Digital Future Coalition (DFC) and opposing groups, as well as one ex-official, and by consulting a hitherto untapped, private archive of documents relevant to the prehistory and 1996-2002 history of the DFC.

INFORMATION ACTIVISM IN THE FIRST DIGITAL COPYRIGHT DECADE: A CASE STUDY OF THE DIGITAL FUTURE COALITION, 1996-2002 AND THE INTERNET THAT NEARLY WAS

The Digital Future Coalition (1996-2002), was an unprecedented public interest coalition on Internet and copyright policy, with much farther-ranging effects than has been recognized previously. Uniting commercial and noncommercial stakeholders to push back against IP maximalism on the nascent Internet, it altered both treaty and legislative language, blocked U.S. copyright protection for databases, enhanced popular engagement with fair use and set the stage for the “Right to Repair” movement. This historical research was accomplished primarily by interviewing representatives of the DFC and opposing groups, as well as one ex-government official, and by consulting a hitherto untapped, private archive of documents relevant to the history of the DFC. We consider our topic within contexts in three areas: the history of the formation of the Digital Millennium Copyright Act (DMCA;) public interest coalition characteristics in communication; and the political roles of coalitions. In this article, we accept the assessment of the DMCA as legislation that both foreclosed options for the Internet’s development and created an enduring regime to protect copyright monopolies on the Internet. However, we argue that a closer look at the DFC’s actions, goals and long-range effects can reposition that coalition productively in the history. Such repositioning helps to understand how different the DMCA today is from the originally-proposed policy and the implications of those differences. Finally a detailed accounting of the DFC’s dynamics and tactics may prove instructive in assessing the efficacy of contemporary information activist groups.

The Protection of Database Copyright in the Era of Big Data

The development of computer technology, mobile intercommunication, cloud computing and Internet of things embraces a limitless prospect for the application of big data. The paper reviews the definition of big data and summarizes the design features by proposing “the Five-Star Feature Model”. The paper then takes the protection of English corpus constructed in China as one special kind of big data to demonstrate the necessity of establishing a comprehensive protection legal system by revealing the setbacks of the Copyright Law in China. With reference to academic literature in China and other regulations in Western countries concerning copyright protection of database, the author finally recommends the complementary use of Law of the PRC against Unfair Competition for the commercial use of these corpora and further proposes to set a new special database right to guarantee the balance of copyright protection and public use of these big data.

A New Watermarking Algorithm for Relational Database Copyright Protection

In order to enhance the robustness of database watermark, a watermarking algorithm for relational database copyright protection is proposed. Some types of data are selected from the relational database according to filtering rules, and two-dimension signal is formed. Then, the watermarking is embedded into the wavelet domain of two-dimension signal. We analyze that the wavelet high frequency coefficients of corresponding data follow the Gauss distribution and give the definition of the intensive factor. Employing the linear correlation detecting method, we can embed the watermark successfully in wavelet domain. The watermark can be distributed to different parts of the relational database. Experimental results show that the embedded digital watermarks with the proposed algorithm are invisible and some degree of robustness against the commonly used database processing techniques.

Problems of database protection in the Russian Federation

The sui generis database right was added to copyright protection of databases in the Russian legislation only in 2008. In December 2010, new draft amendments to the RF Civil Code were published, substantially developing this regulation. This article examines the position of the Russian Federation regarding regulation of databases in its historical development and compares it with the relevant regulation in the European Union. While the Russian Federation generally follows the European model, there are some important specific provisions in the Russian Federation that should be taken into account by database producers and database users.

Problems of Database Protection in the Russian Federation

The sui generis database right was added to copyright protection of databases in the Russian legislation only in 2008. In December 2010, new draft amendments to the RF Civil Code were published, substantially developing this regulation. This article examines the position of the Russian Federation regarding regulation of databases in its historical development and compares it with the relevant regulation in the European Union. While the Russian Federation generally follows the European model, there are some important specific provisions in the Russian Federation that should be taken into account by database producers and database users.

Watermarking for Copyright Protection of Databases in Cloud Computing

Watermarking for Copyright Protection of Databases in Cloud Computing

Comparative Analysis of Copyright Protection of Databases: The Path to Follow

Databases are generally perceived in legal scholarship as static warehouses, storing up valuable facts and information. A database generally refers to an aggregate of information systematically arranged and fixed, either on paper or in any other form such as electronic media. While databases, like telephone directories, are, “compiled out of necessity in the ordinary course of business, the originators of many electronic databases take on the risks and tasks of gathering raw data,” and organizing it through an efficient search engine for easy access to data. More than ever before, information equals economic power for today's business enterprises. With the advent of the E-Commerce in developed nations as well as in India, entire businesses are being built upon it and generating revenue streams from subscriber fees, royalties, or advertising. In order to recover the initial investment of time, money and skill put into it and to avoid parasitic competition, the database manufacturers protect their compilation efforts. Therefore without the ability to restrict access to and use of databases that it compiles, a company is effectively discouraged from participating in the information age. This paper discusses that, traditionally, databases are protected under copyright laws. Advances in information technology enable potential competitors and pirates to engage in market-destructive copying and on top of it the copyright and technology have always been in unfair terms. In many jurisdictions, the required level of originality has been in some state of flux in recent years, particularly in the US and Europe after the Fiest decision, as well as by the introduction of the Database directive the recent trend is to back away from an originality standard based purely on industrious collection, labor and expense, or other forms of sweat of the brow principles. Furthermore the European Database Directive ends up in granting overprotection to the databases via its sui generis rights and granting rights in perpetuity subjected to very meager restrictions, which may block dissemination of information and obstruct its flow into the public domain. Furthermore, this paper also discusses the position in India regarding the databases which is governed by the theory of rewarding investment in labour, time and money coupled with the very low requirement of creativity. The author concludes by adding a few guidelines which may be used developing a new law taking into account the best interests of the private and the public keeping in mind the primary objective of the intellectual property regime is to promote creativity and innovation and also to maintain a vigorous public domain.

Databases and Dynamism

Databases are generally perceived in legal scholarship as static warehouses, storing up valuable facts and information. Accordingly, scholarship on copyright protection of databases typically concentrates on the social need to access their content. This Article seeks to shift the focus of the debate, arguing that the copyright-databases debate is not merely a static "access to information" story. Instead, it is a dynamic story of relations, hierarchies, and interactions between pieces of information, determined by database creators. It is also a story of patterns, categories, selections, and taxonomies that are often invisible to the naked eye, but that influence our perceptions of the world in manners of which we are seldom aware. Relying on socio-psychological literature and communication theories concerning complexity, categorization, and stereotyping, this Article examines the dynamic dimension of databases. It argues that this narrative should direct legal attention toward the protection afforded by copyright not to contents of databases, but rather to their "selection and arrangement "-an element which has been largely ignored by legal scholarship. While the Article does not advocate a complete expiry of copyright in "selections and arrangements," it does hope to spark a discussion with respect to their social and economic role, and add a new dimension to the copyright- database debate.

현행 저작권법과 유럽지침에 의한 데이터베이스 보호의 문제점

현행 저작권법과 유럽지침에 의한 데이터베이스 보호의 문제점

Japonica Rice: Intellectual Property, Scientific Publishing and Data‐sharing1

Abstract This article examines a series of controversies within the life sciences over data sharing. Part 1 focuses upon the agricultural biotechnology firm Syngenta publishing data on the rice genome in the journal Science, and considers proposals to reform scientific publishing and funding to encourage data sharing. Part 2 examines the relationship between intellectual property rights and scientific publishing, in particular copyright protection of databases, and evaluates the declaration of the Human Genome Organisation that genomic databases should be global public goods. Part 3 looks at varying opinions on the information function of patent law, and then considers the proposals of Patrinos and Drell to provide incentives for private corporations to release data into the public domain.

La protección jurídica de los autores de las bases de datos en el derecho comunitario y en el español

This article analyzes the copyright protection of databases; the extension of this protection to electronic and non electronic databases; the authors originality in the selection or the arrangement of the contents of the database as the exclusive criterion or condition sine qua non, of the copyright protection; the distinction between the copyright of the contents of the databases (literary works, statistics ... ) and the copyright of the selection or arrangement of the contents of the databases and, finally, the exceptions to this copyright.