Footprints of Feist in European Database Directive

1. Front Matter

   Pages i-xvii

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2. Introduction

   • Indranath Gupta

   Pages 1-10

3. The Argument for a Database Directive in Europe

   • Indranath Gupta

   Pages 11-36

4. Feist, Not a New-Line of Jurisprudence

   • Indranath Gupta

   Pages 37-67

5. The Effect of Feist in the US Database Market

   • Indranath Gupta

   Pages 69-95

6. Threshold of Author’s Own Intellectual Creation

   • Indranath Gupta

   Pages 97-126

7. Feist Standard in the Threshold Assigned to AOIC

   • Indranath Gupta

   Pages 127-146

8. Uncertainties with Sui Generis Database Right: Negative Interpretation of Feist

   • Indranath Gupta

   Pages 147-170

9. Back Matter

   Pages 171-189

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Connected to the jurisprudence surrounding the copyrightability of a factual compilation, this book locates the footprints of the standard envisaged in a US Supreme court decision (Feist) in Europe. In particular, it observes the extent of similarity of such jurisprudence to the standard adopted and deliberated in the European Union. Many a times the reasons behind law making goes unnoticed. The compelling situations and the history existing prior to an enactment helps in understanding the balance that exists in a particular legislation. While looking at the process of enacting the Database Directive (96/9/EC), this book reflects upon the concern that was expressed with the outcome of Feist decision in Europe.

• Database Directive
• Feist
• Intellectual Property
• Lawmaking
• Transatlantic Influence
• Sui Generis
• Copyright

• Centre for Intellectual Property and Technology Law, Jindal Global Law School, O.P. Jindal Global University, Sonipat, India

  Indranath Gupta

Indranath Gupta is an associate professor and assistant director of the Centre for Post Graduate Legal Studies and& Assistant Director at the Centre for Intellectual Property and Technology Law. Dr. Gupta received his LL.B. degree from the University of Calcutta, India, and holds an LL.M. with distinction from the University of Aberdeen, UK and a postgraduate research LL.M. in Computer Law from the University of East Anglia, UK. He obtained his Ph.D from Brunel University, London, UK.

Dr. Gupta has been involved in qualitative and quantitative research. He was appointed as the research collaborator by the Università Bocconi, Milan, Italy, for a project funded by the European Commission under the 7th framework programme. He has also been appointed as a research assistant for a project relating to data protection compliance level at Brunel University, London. Dr. Gupta has also worked as an advocate in a solicitors’ firm at the Calcutta High Court. He has published in European and Indian Law journals and has spoken at international conferences and seminars. His research areas include database right, copyright, data protection, cyber law and interface of IP and Competition Law.

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