Re: Current status of copyright protection of data

In the Ninth circuit, it's still a case-by-case analysis, taking into consideration whether the compilation of public domain information (i.e., names and addresses, etc.) is logical and/or common to that type of industry (See, e.g., Rice v. Fox Broadcasting, Satava v. Lowry, etc.). If the compilation of data is logical and/or common to that industry, then it's usually not protected. If it is more "creative," then it is more likely to be protected. I assume the rest of the US is the same.

I'm not sure about international. Anyone?

Brock

On 8/25/03 8:15 AM, "Jon Noring" <jon[_at_]noring.name> wrote:

> In 1991, the Supreme Court ruled in Feist vs. Rural Telephone Service
> that copyright does not extend to data. That is, the "sweat of ones
> brow" in assembling a database does not confer copyright protection to
> the data itself -- copyright only covers how the data is tangibly
> fixed and expressed. (I think I mostly explained that right.)
>
> I vaguely recall that after Feist, Congress considered legislation to
> extend copyright protection to compilations of data. What is the
> current status of this? Was such a law enacted?
>
> In addition, regarding this, what is the situation in England, Canada,
> Australia, and other countries in the world?
>
> Thanks in advance.
>
> Jon Noring
Received on Mon Aug 25 2003 - 23:30:04 GMT