Rights in the PREMIS Data Model
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International Intellectual Property Law
ee--RRGG Electronic Resource Guide International Intellectual Property Law * Jonathan Franklin This page was last updated February 8, 2013. his electronic resource guide, often called the ERG, has been published online by the American Society of International Law (ASIL) since 1997. T Since then it has been systematically updated and continuously expanded. The chapter format of the ERG is designed to be used by students, teachers, practitioners and researchers as a self-guided tour of relevant, quality, up-to-date online resources covering important areas of international law. The ERG also serves as a ready-made teaching tool at graduate and undergraduate levels. The narrative format of the ERG is complemented and augmented by EISIL (Electronic Information System for International Law), a free online database that organizes and provides links to, and useful information on, web resources from the full spectrum of international law. EISIL's subject-organized format and expert-provided content also enhances its potential as teaching tool. 2 This page was last updated February 8, 2013. I. Introduction II. Overview III. Research Guides and Bibliographies a. International Intellectual Property Law b. International Patent Law i. Public Health and IP ii. Agriculture, Plant Varieties, and IP c. International Copyright Law i. Art, Cultural Property, and IP d. International Trademark Law e. Trade and IP f. Arbitration, Mediation, and IP g. Traditional Knowledge and IP h. Geographical Indications IV. General Search Strategies V. Primary Sources VI. Primary National Legislation and Decisions VII. Recommended Link sites VIII. Selected Non-Governmental Organizations IX. Electronic Current Awareness 3 This page was last updated February 8, 2013. -
The Expansion of Intellectual Property for the Protection of Databases Lionel M
Santa Clara Law Review Volume 38 | Number 1 Article 1 1-1-1997 Database Rights and Technical Data Rights: the Expansion of Intellectual Property for the Protection of Databases Lionel M. Lavenue Follow this and additional works at: http://digitalcommons.law.scu.edu/lawreview Part of the Law Commons Recommended Citation Lionel M. Lavenue, Database Rights and Technical Data Rights: the Expansion of Intellectual Property for the Protection of Databases, 38 Santa Clara L. Rev. 1 (1997). Available at: http://digitalcommons.law.scu.edu/lawreview/vol38/iss1/1 This Article is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara Law Review by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. ARTICLES DATABASE RIGHTS AND TECHNICAL DATA RIGHTS: THE EXPANSION OF INTELLECTUAL PROPERTY FOR THE PROTECTION OF DATABASES Lionel M. Lavenue* INTRODUCTION Databases represent the most valuable form of technical data.' Indeed, all businesses utilize some form of database, whether an inventory, price schedule, or customer list.' Da- tabases play a critical role in all facets of computer technol- ogy as every type of computer hardware utilizes computer software which, in turn, utilizes some form of database.' Da- Associate, Finnegan, Henderson, Farabow, Garrett, & Dunner, L.L.P., Washington, D.C.; Fulbright Scholar (1996-97), Max Planck Institute of Foreign and International Patent, Copyright, and Competition Law, Munich, Germany; Law Clerk (1994-96), Chief Judge Glenn L. Archer, Jr., United States Court of Appeals of the Federal Circuit; Law Clerk (1992-94), Judge Robert J. -
On the Treatment of the Sui Generis Database Rights in Version 3.0 of the Creative Commons Licenses
On the treatment of the sui generis database rights in Version 3.0 of the Creative Commons licenses. Background: Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (the "Database Directive") created a new basis for the protection of databases ("sui generis database protection") not previously recognized under copyright law. The database directive has by now been implemented by the 25 member states of the EU (plus some of the countries such as Norway that are part of the European Economic Area - EEA). Outside of Europe there is no sui generis protection of Databases. In some countries (for example Germany) the database directive has been implemented as part of the national copyright act, while others (such as the Netherlands) have chosen to implement via a separate act (in this case the database act). The lawmakers of the European Union decided that in order to provide greater protection to collections of information they should have a unified legal protection for databases. To this end, they created a sui generis right called database right. The database right lasts for 15 years under this regime, but can be extended if the database is updated. Database rights prevent copying of substantial parts of a database (including frequent extraction of insubstantial parts). However unlike copyright the protection of the database right is not over the form of expression of information but of the information itself [source: en.wikipedia.org/wiki/Database_rights]. Prior to Version 3.0, some localized and translated versions of the Creative Commons licenses (Belgium, Netherlands, France and Germany) contained references to national legislation passed pursuant to the Database Directive, by defining a "work" to include databases protected by these laws. -
Country Report Netherlands
Country Report for the United States Annual Report to the IFLA CLM committee Helsinki, 2012 Copyright Proposed legislation Sound Recording Simplification Act. The Sound Recording Simplification Act (H.R. 2933), introduced on September 14, 2011, would bring pre-1972 sound recordings under federal copyright protection by amending §301 of the U.S. Copyright Act. No legislative action was taken by Congress. On December 28, 2011, the U.S. Copyright Office issued a report on Federal Copyright Protection for Pre-1972 Sound Recordings, following a notice of inquiry, request for comments, and public hearings held in May and June 2011. The report, prepared after receiving written and oral input from stakeholders, recommends that sound recordings made before February 15, 1972 be brought into the federal copyright regime. On April 13, 2011, the Association of Research Libraries (ARL) and the American Library Association (ALA) submitted reply comments to the U.S. Copyright Office stating that federalization of protection for pre-1972 sound recordings would create significant challenges for libraries, at http://www.copyright.gov/docs/sound. SOPA, PIPA, and OPEN Stop Online Piracy Act. The Stop Online Piracy Act (H.R. 3261) (SOPA) was introduced on October 26, 2011 “to promote prosperity, creativity, entrepreneurship, and innovation by combating the theft of U.S. property.” Its twin bill in the Senate was the Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011 (Protect IP Act) (S. 968) (PIPA), introduced on May 12, 2011 “to prevent online threats to economic creativity and theft of intellectual property.” This legislation would curtail copyright violations on the Internet by blocking access to and cutting revenue sources for foreign websites primarily dedicated to infringing or counterfeit goods, referred to as “rogue websites.” There was enormous opposition to these bills from technology industry, public interest groups, the library and educational community, and the public. -
Text and Data Mining in EU Copyright Law
Department of Law Spring Term 2020 Master Programme in Intellectual Property Law Master’s Thesis 30 ECTS Text and Data Mining in EU Copyright Law Author: Gabriella Svensson Supervisor: Kacper Szkalej 1 Table of Contents INTRODUCTION ................................................................................................................................................ 3 Subject and Purpose ........................................................................................................................................ 3 Material and Method ...................................................................................................................................... 4 Delimitations .................................................................................................................................................. 5 Outline ............................................................................................................................................................ 5 1. A BRIEF INTRODUCTION TO TEXT AND DATA MINING ................................................................... 7 2. FUNDAMENTAL EU COPYRIGHT LAW .............................................................................................. 11 2.1 Protectable Subject Matter and Exclusive Rights .......................................................................... 11 2.2 The DSM Directive and TDM ....................................................................................................... 14 3. WHY AND HOW MIGHT -
Section 108 Study Group: Copyright Exceptions for Libraries and Archives
70434 Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Notices time of the preparation of the notice of TUV will meet all the terms of its (preferred) to the e–mail address the preliminary finding. recognition and will always comply [email protected], or (2) by hand OSHA’s recognition of TUV, or any with all OSHA policies pertaining to delivery by a private party or a NRTL, for a particular test standard is this recognition; and commercial, non–government courier or limited to equipment or materials (i.e., TUV will continue to meet the messenger, addressed to the Office of products) for which OSHA standards requirements for recognition in all areas Strategic Initiatives, Library of Congress, require third-party testing and where it has been recognized. James Madison Memorial Building, certification before use in the Edwin G. Foulke, Jr., Room LM–637, 101 Independence workplace. Consequently, if a test Avenue S.E., Washington, DC 20540, Assistant Secretary of Labor. standard also covers any product(s) for between 8:30 a.m. and 5 p.m. E.S.T. If which OSHA does not require such [FR Doc. E6–20406 Filed 12–1–06; 8:45 am] delivering by courier or messenger testing and certification, an NRTL’s BILLING CODE 4510–26–P please provide the delivery service with scope of recognition does not include the Office of Strategic Initiatives phone that product(s). number: (202) 707–3300. (See Many UL test standards also are LIBRARY OF CONGRESS Supplementary Information, Section 4: ‘‘Procedures for Submitting Requests to approved as American National Copyright Office Standards by the American National Participate in Roundtable Discussions Standards Institute (ANSI). -
U.S. Copyright Office: the Register's Perspective on Copyright Review
Statement of MARIA A. PALLANTE UNITED STATES REGISTER OF COPYRIGHTS AND DIRECTOR OF THE U.S. COPYRIGHT OFFICE BEFORE THE COMMITTEE ON THE JUDICIARY United States House of Representatives “THE REGISTER’S PERSPECTIVE ON COPYRIGHT REVIEW” April 29, 2015 Statement of MARIA A. PALLANTE UNITED STATES REGISTER OF COPYRIGHTS AND DIRECTOR OF THE U.S. COPYRIGHT OFFICE BEFORE THE COMMITTEE ON THE JUDICIARY United States House of Representatives “THE REGISTER’S PERSPECTIVE ON COPYRIGHT REVIEW” April 29, 2015 Chairman Goodlatte, Ranking Member Conyers, and Members of the Judiciary Committee: It is a great honor to appear before you again to discuss issues of copyright law and copyright administration. My staff and I wish to thank you for the attention this Committee has invested in reviewing the Copyright Act and related provisions of Title 17 during the past two years. During this time, you convened twenty hearings and traversed the formidable span of Title 17. This represents the most comprehensive focus on copyright issues in over four decades. I. BACKGROUND AND THEMES Although copyright law has grown more legally complex and economically important in recent years, Congress is uniquely positioned to sort through the many competing equities that comprise the public interest in this modern era.1 Questions include: how best to secure for authors the exclusive rights to their creative works; how to ensure a robust copyright marketplace; how to craft essential exceptions, safe harbors, and limitations; and how to provide appropriate direction, oversight, and regulation. This balancing act is not 1The United States Congress is not alone in this undertaking. -
A Proposal for the Protection of Digital Databases in Sri Lanka Submitted
A Proposal for the Protection of Digital Databases in Sri Lanka Submitted by Thusitha Bernad Abeysekara to the University of Exeter as a thesis for the degree of Doctor of Philosophy in Law in July 2013 This thesis is available for Library use on the understanding that it is copyright material and that no quotation from the thesis may be published without proper acknowledgement. I certify that all material in this thesis which is not my own work has been identified and that no material has previously been submitted and approved for the award of a degree by this or any other University. Signature: ………………………………………………………….. 1 ABSTRACT Economic development in Sri Lanka has relied heavily on foreign and domestic investment. Digital databases are a new and attractive area for this investment. This thesis argues that investment needs protection and this is crucial to attract future investment. The thesis therefore proposes a digital database protection mechanism with a view to attracting investment in digital databases to Sri Lanka. The research examines various existing protection measures whilst mainly focusing on the sui generis right protection which confirms the protection of qualitative and/or quantitative substantial investment in the obtaining, verification or presentation of the contents of digital databases. In digital databases, this process is carried out by computer programs which establish meaningful and useful data patterns through their data mining process, and subsequently use those patterns in Knowledge Discovery within database processes. Those processes enhance the value and/or usefulness of the data/information. Computer programs need to be protected, as this thesis proposes, by virtue of patent protection because the process carried out by computer programs is that of a technical process - an area for which patents are particularly suitable for the purpose of protecting. -
RIGHTS in DATA HANDBOOK Protecting and Exploiting IP in Data and Databases Internationally RIGHTS in DATA HANDBOOK
January 2013 RIGHTS IN DATA HANDBOOK Protecting and exploiting IP in data and databases internationally RIGHTS IN DATA HANDBOOK January 2013 Edition EDITORS INTRODUCTION The value of data and databases to business is undeniable and continues to increase. As a result the laws which enable data to be protected and exploited are crucial to many industries, from horseracing to !nancial services. Nonetheless, while much has been written about the neighbouring area of data privacy/data protection, the issue of IP rights in data and databases has John Wilks, Editor traditionally received almost no attention. This guide sets out an overview of the Partner IP and related rights affecting data and databases in 12 key global jurisdictions. T +44 (0)20 7796 6288 How this Handbook Works M +44 (0)7796 15 8896 [email protected] This handbook provides a high-level summary, with links to relevant sources, of the different types of protection which are available for data and databases in 12 key global jurisdictions. For each jurisdiction we consider three categories of database which may bene!t from protection: original databases, databases in which investment has been made, and con!dential databases. As database law is only part-harmonised in the EU we have, in addition to a section on the EU, separate sections on six representative EU jurisdictions Alec Christie, Co-Editor (France, Germany, Italy, The Netherlands, Spain and the UK). To assist you to Partner navigate our European content and avoid repetition, there are cross-references T +61 2 9286 8237 between the EU section and the national sections. -
The Next Great Copyright Act
THE NEXT GREAT COPYRIGHT ACT Twenty-Sixth Horace S. Manges Lecture by Maria A. Pallante1 I. INTRODUCTION Tonight my topic is the next great copyright act, but before I speak about the future, I would like to talk a little about the past, including the role of the Copyright Office in past revision activities. In my remarks, I will address the need for comprehensive review and revision of U.S. copyright law, identify the most significant issues, and suggest a framework by which Congress should weigh the public interest, which includes the interests of authors. I also will address the necessary evolution of the Copyright Office itself. Those of you who have been to our offices in Washington know that we have a conference room featuring portraits of the former Registers of Copyright dating back to 1897.2 When guests are seated at our table, the former Registers preside on high, wearing a variety of expressions and overseeing complex conversations about copyright law in the digital age. Sometimes I think they would be startled by the discussions we have, but then again it might all sound familiar. Solberg (1887-1933) Thorvald Solberg was the first and longest-serving Register of Copyrights. He seems inspired in his portrait, and for good reason. Solberg was a visionary leader, a champion of authors’ rights, and an early advocate for the United States’ adherence to the Berne Convention for the Protection of Literary and Artistic Works (“Berne Convention”).3 Under his care, the Copyright Office grew from a handful of employees to more than a hundred professional staff, and took on the many assorted roles that are still critical to the mission of the Office today. -
Intellectual Property Right Assignments Q&A: US
Intellectual property right assignments Q&A: US, Practical Law Country Q&A w-026-1550 Intellectual property right assignments Q&A: US by Michael S. Palmisciano, Christopher T. McWhinney and Kimberly B. Herman, Sullivan & Worcester LLP Country Q&A | Law stated as at 31-May-2020 | United States This Q&A provides country-specific commentary on the following standard documents: Assignment of intellectual property rights: Cross-border. Assignment of trade marks: Cross-border. Assignment of copyright: Cross-border. Assignment of patents: Cross-border. Assignment of industrial designs: Cross-border. Waiver of moral rights: Cross-border. Letter confirming assignment of intellectual property rights: Cross-border. and forms part of Cross-border Intellectual property. Key aspects of intellectual property right assignments Definition of IP rights Assigning the benefit of licences to use IP rights Assigning future intellectual property rights Implied covenants Right to sue for past infringement Right of priority Tax considerations Power of Attorney Assistance with future proceedings Perfecting the assignment Liability Guarantor Formalities for assignment Compliance with local law and practice © 2020 Thomson Reuters. All rights reserved. 1 Intellectual property right assignments Q&A: US, Practical Law Country Q&A w-026-1550 Brexit Registration and recordal aspects of intellectual property right assignments Registrable intellectual property rights Assignment recordal / registration Warranties and indemnities in intellectual property right assignments -
Directive 96/9/Ec
DIRECTIVE 96/9/EC (Database Directive) of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases [Introductory remarks] 1. General. The Database Directive has created a two-tier protection regime for electronic and non-electronic databases. Member States are to pro- tect databases by copyright as intellectual creations (Chapter 2), and provide for a sui generis right (database right) to protect the contents of a database in which the producer has substantially invested (Chapter 3). Both rights may apply cumulatively if the prerequisites for both regimes are fulfilled. The introduction of sui generis protection was considered necessary after supreme courts in the Netherlands and the US had held that copyright does not protect databases reflecting merely economic investment or intellectual effort (see Feist (US) and Van Dale (Netherlands)). Prior to implementation, intellectual property protection for non-original compilations existed in just a few Member States (the United Kingdom, Denmark, Sweden and the Nether- lands). Many Member States provided only for unfair competition remedies, to be applied in special circumstances, or no remedies at all. However, the absence of a harmonized legal framework for unfair competition in Europe necessitated the introduction of a sui generis right to complement copyright protection for databases (recital 6). 2. Harmonization. The Directive is based on arts. 47(2), 55 and 95 of the EC Treaty, and is aimed at harmonizing the legal protection of databases across the European Community. The copyright chapter of the Directive harmonizes the originality standard for databases, which prior to the implementation dif- fered greatly between Member States, especially between countries of the authors’ right tradition where a measure of creativity, personal character or personal imprint was required, and the two Member States (Ireland and the UK) of the British copyright tradition where mere skill and labour sufficed.