000 01559 a2200169 4500
020 _a9780367537142
082 _a346.0482 WAR
100 _aWarner, Julian
245 _aCopyright, Data and Creativity in the Digital Age : A Journey Through Feist
260 _bRoutledge
_aNew York
_c2021
300 _a167
440 _aRoutledge Research in Intellectual Property
520 _aThe 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
650 _aCopyright-Databases
650 _aCopyright Infringement
942 _cBK
_2ddc
999 _c48217
_d48217