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Copyright, Data and Creativity in the Digital Age - A Journey through Feist (Paperback)
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Copyright, Data and Creativity in the Digital Age - A Journey through Feist (Paperback)
Series: Routledge Research in Intellectual Property
Expected to ship within 10 - 15 working days
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The Supreme Court of the United States in Feist v. Rural (1991)
required that databases must have a minimal degree of creativity
for copyright. The judgment was highly significant and the
subsequent period is understood as the post-Feist era. It has been
globally influential. However, the decision is extremely complex
and remains unsatisfactorily interpreted. In particular, it has
been impossible to illuminate the creativity requirement. The book
gives an account of the decision's conceptual structure, focusing
on its full delineation of the opposite to creativity. In a radical
and unprecedented innovation, it is correlated with an automatic
computational process. Creativity itself is understood as
non-computational or directly human activity concerned with
meaning. Determining the presence of creativity is reduced to a
four-stage test. This work then has acute practical current
relevance to property in data in the digital age; it will also be
of theoretical interest to, and is aimed at, researchers in,
practitioners, and students of intellectual property worldwide.
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