Warner, Julian, 1955-
Copyright, data and creativity in the digital age : a journey through Feist / Julian Warner. - First edition. - 1 online resource : illustrations (black and white) - Routledge research in intellectual property .
Introduction : the convergence of the twain -- Critiques of the decision -- Creativity in the decision : into the briar patch -- Creativity utterly lacking : through the Wicket Gate -- Correlation : the key to Doubting Castle -- Creativity : out of the labyrinth -- A minimal degree of creativity -- Originality : Odysseus -- Qualities as reading -- Conclusion : the interaction of the twain.
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, andis aimed at, researchers in, practitioners, and studentsof intellectual property worldwide.
9781003083009 1003083005 9781000167443 1000167445 9781000167528 1000167526 9781000167603 1000167607
Copyright--Databases.
Copyright infringement.
Creation (Literary, artistic, etc.)
Copyright infringement--United States.
Copyright--Databases--United States.
Chronic pain.
Intellectual property.
Palliative treatment.
Pain--Treatment.
Pain clinics.
Health.
LAW / General
K1443.D37
346.048/2
Copyright, data and creativity in the digital age : a journey through Feist / Julian Warner. - First edition. - 1 online resource : illustrations (black and white) - Routledge research in intellectual property .
Introduction : the convergence of the twain -- Critiques of the decision -- Creativity in the decision : into the briar patch -- Creativity utterly lacking : through the Wicket Gate -- Correlation : the key to Doubting Castle -- Creativity : out of the labyrinth -- A minimal degree of creativity -- Originality : Odysseus -- Qualities as reading -- Conclusion : the interaction of the twain.
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, andis aimed at, researchers in, practitioners, and studentsof intellectual property worldwide.
9781003083009 1003083005 9781000167443 1000167445 9781000167528 1000167526 9781000167603 1000167607
Copyright--Databases.
Copyright infringement.
Creation (Literary, artistic, etc.)
Copyright infringement--United States.
Copyright--Databases--United States.
Chronic pain.
Intellectual property.
Palliative treatment.
Pain--Treatment.
Pain clinics.
Health.
LAW / General
K1443.D37
346.048/2