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.

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 timely and thought-provoking book explores how the protection of copyright in the digital age requires a reconsideration of how this is balanced with other fundamental rights and freedoms. Analysing the impact of the rise of digital technologies and the internet on copyright regimes, it particularly focuses on the effects of recent reforms to the EU’s legal framework for the protection and enforcement of copyright.

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.

Creators and creative industries are struggling to navigate the digital age. Intellectual property rights, including copyrights, trademarks, and patents, offer invaluable tools to help creative industries remain viable and sustainable. But to be fully effective, they must be considered as part of a greater ecosystem. Cultivating Copyright offers a framework for tailoring flexible strategies and adaptive solutions suited to diverse creative industries. Tailored solutions entail change on four fronts: business models and strategies, legal policies and practices, technological measures, and cultural and normative features. Creating strong creative industries through tailored solutions serves critical functions: promoting richly varied artistic endeavors and supporting democratic flourishing.

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.

Technology and the Internet have triggered important changes to how creative works are created and accessed, and how creators and copyright-based industries generate their revenues. The authors reassess the economics of copyright in the light of these changes. After providing an introduction to the economics of copyright, they analyze the changes to the baseline copyright model triggered by the new technological landscape. Then, they assess the empirical economic work on copyright so far, and suggest future avenues of research and related data needs.

Content Rights for Creative Professionals is for professionals and students working in all areas of media (film/video, photography, multimedia, web, graphics, and broadcast) who need to know what the law requires and how they should properly utilize copyrights and trademarks. This book outlines critical concepts and applies them with explanations in real-life applications, including many cases from the author's own practice as well as those of various media professionals. This 256 page text is a practical guide designed to provide its reader with a firm understanding of the principles underlying the ownership and use of content, so that when questions arise, they will be able to make correct, well-informed decisions-whether concerning their personal works, or works of others that a company wishes to copyright or trademark. In addition, the reader will be more capable of exercising sound judgment in structuring employment and contract relationships and of acquiring and/or licensing works, which are at the core of the business of communicating.