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.

This edited book discusses the exciting field of Digital Creativity. Through exploring the current state of the creative industries, the authors show how technologies are reshaping our creative processes and how they are affecting the innovative creation of new products. Readers will discover how creative production processes are dominated by digital data transmission which makes the connection between people, ideas and creative processes easy to achieve within collaborative and co-creative environments. Since we rely on our senses to understand our world, perhaps of more significance is that technologies through 3D printing are returning from the digital to the physical world. Written by an interdisciplinary group of researchers this thought provoking book will appeal to academics and students from a wide range of backgrounds working or interested in the technologies that are shaping our experiences of the future.

Examines how copyright can evolve without compromising the interests of authors, users and those who connect them.

This edited book explores the digital challenge for cultural-creative organizations and industries, and its impact on production, meaning-making, consumption and valuation of cultural-creative products and experiences. Discussing digital changes such as user-generated content, social media, business model innovation and product development, the chapters challenge deep-seated definitions of creative individuals, organizations and industries, offering insights into how this creative aspect is argued and legitimized. Placing an emphasis on research that deals with the digital challenge, this collection theorizes its significance for the nature and dynamics of creative industries as well as its impact on the mediation of experiences and the creation and consumption of cultural-creative products.

Over the course of several decades, copyright protection has been expanded and extended through legislative changes occasioned by national and international developments. The content and technology industries affected by copyright and its exceptions, and in some cases balancing the two, have become increasingly important as sources of economic growth, relatively high-paying jobs, and exports. Since the expansion of digital technology in the mid-1990s, they have undergone a technological revolution that has disrupted long-established modes of creating, distributing, and using works ranging from literature and news to film and music to scientific publications and computer software. In the United States and internationally, these disruptive changes have given rise to a strident debate over copyright's proper scope and terms and means of its enforcement-a debate between those who believe the digital revolution is progressively undermining the copyright protection essential to encourage the funding, creation, and distribution of new works and those who believe that enhancements to copyright are inhibiting technological innovation and free expression. Copyright in the Digital Era: Building Evidence for Policy examines a range of questions regarding copyright policy by using a variety of methods, such as case studies, international and sectoral comparisons, and experiments and surveys. This report is especially critical in light of digital age developments that may, for example, change the incentive calculus for various actors in the copyright system, impact the costs of voluntary copyright transactions, pose new enforcement challenges, and change the optimal balance between copyright protection and exceptions.

This book addresses the key issues, challenges and implications arising out of changes in the copyright law and corresponding judicial responses. Using concrete examples, the book does not assume any prior knowledge of copyright law, but brings together leading intellectual property researchers to consider the significant role of copyright law in shaping the needs of the modern digital world. It provides an insight into two distinct arenas: copyright and digital media. The exponential increase in the ability to multiply and disseminate information by digital means has sparked numerous conflicts pertaining to copyright – and in turn has prompted lawmakers to expand the scope of copyright protection in the digital age. Bearing in mind the new questions that the advent of the digital age has raised on the role and function of copyright, the book presents a collection of papers largely covering new frontiers and changing horizons especially in this area. The contributions intensively address core issues including the exhaustion principle, copyright and digital media, liability of hosting service providers, the originality requirement, accessibility to published works for the visually disabled, criminalization of copyright infringement, and software protection under copyright law, among others. Consisting of 14 papers, this book will be equally interesting to researchers, policymakers, practitioners and lawmakers, especially those active in the field of Intellectual Property Rights (IPR).

Professor Litman's work stands out as well-researched, doctrinally solid, and always piercingly well-written.-JANE GINSBURG, Morton L. Janklow Professor of Literary and Artistic Property, Columbia UniversityLitman's work is distinctive in several respects: in her informed historical perspective on copyright law and its legislative policy; her remarkable ability to translate complicated copyright concepts and their implications into plain English; her willingness to study, understand, and take seriously what ordinary people think copyright law means; and her creativity in formulating alternatives to the copyright quagmire. -PAMELA SAMUELSON, Professor of Law and Information Management; Director of the Berkeley Center for Law & Technology, University of California, BerkeleyIn 1998, copyright lobbyists succeeded in persuading Congress to enact laws greatly expanding copyright owners' control over individuals' private uses of their works. The efforts to enforce these new rights have resulted in highly publicized legal battles between established media and new upstarts.In this enlightening and well-argued book, law professor Jessica Litman questions whether copyright laws crafted by lawyers and their lobbyists really make sense for the vast majority of us. Should every interaction between ordinary consumers and copyright-protected works be restricted by law? Is it practical to enforce such laws, or expect consumers to obey them? What are the effects of such laws on the exchange of information in a free society?Litman's critique exposes the 1998 copyright law as an incoherent patchwork. She argues for reforms that reflect common sense and the way people actually behave in their daily digital interactions.This paperback edition includes an afterword that comments on recent developments, such as the end of the Napster story, the rise of peer-to-peer file sharing, the escalation of a full-fledged copyright war, the filing of lawsuits against thousands of individuals, and the June 2005 Supreme Court decision in the Grokster case.Jessica Litman (Ann Arbor, MI) is professor of law at Wayne State University and a widely recognized expert on copyright law.

In "Copyright: A Comprehensive Guide," author William Jones delivers an essential resource for artists, authors, and creatives navigating the intricate landscape of copyright law. From the origins of copyright to the challenges of the digital age, this comprehensive guide offers invaluable insights, practical guidance, and expert advice to help protect and preserve the rights of creators in an ever-evolving creative landscape. Delving into the historical foundations of copyright, readers will uncover the rich tapestry of legal principles that underpin the protection of creative works, from paintings and sculptures to novels and films. Through engaging narratives and real-world examples, William Jones illuminates the vital role that copyright plays in safeguarding the rights of artists and authors, empowering creators to share their talents with the world while ensuring fair compensation and recognition for their efforts. As readers journey through the pages of this book, they will explore key topics such as copyright basics, the rights of copyright owners, limitations and exceptions to copyright protection, international copyright treaties and agreements, copyright infringement, digital copyright issues, fair use doctrine, and the challenges and opportunities of copyright enforcement in the digital age. Whether you're a seasoned artist, an aspiring author, or simply curious about the world of copyright, "Copyright: A Comprehensive Guide" provides a wealth of resources and practical tools to help you navigate the complexities of copyright law with confidence and clarity. With its informative insights, engaging narratives, and actionable advice, this indispensable guide is essential reading for anyone seeking to protect and preserve their creative works in a rapidly changing world. Join William Jones on a journey through the fascinating world of copyright law and discover the power of creativity, the importance of intellectual property rights, and the enduring legacy of artistic expression. "Copyright: A Comprehensive Guide" is your roadmap to navigating the legal landscape of creativity and ensuring that your voice is heard, your vision is protected, and your legacy endures for generations to come.

Daniel Solove presents a startling revelation of how digital dossiers are created, usually without the knowledge of the subject, & argues that we must rethink our understanding of what privacy is & what it means in the digital age before addressing the need to reform the laws that regulate it.

Imagine sending a magazine article to 10 friends-making photocopies, putting them in envelopes, adding postage, and mailing them. Now consider how much easier it is to send that article to those 10 friends as an attachment to e-mail. Or to post the article on your own site on the World Wide Web. The ease of modifying or copying digitized material and the proliferation of computer networking have raised fundamental questions about copyright and patentâ€"intellectual property protections rooted in the U.S. Constitution. Hailed for quick and convenient access to a world of material, the Internet also poses serious economic issues for those who create and market that material. If people can so easily send music on the Internet for free, for example, who will pay for music? This book presents the multiple facets of digitized intellectual property, defining terms, identifying key issues, and exploring alternatives. It follows the complex threads of law, business, incentives to creators, the American tradition of access to information, the international context, and the nature of human behavior. Technology is explored for its ability to transfer content and its potential to protect intellectual property rights. The book proposes research and policy recommendations as well as principles for policymaking.