Copyright, Data and Creativity in the Digital Age

A Journey through Feist

Julian Warner (Queen's University Belfast, UK.)

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English

Routledge
09 January 2023

Humanities; Media studies; Cognition & cognitive psychology; Press & journalism; Copyright law

Series: Routledge Research in Intellectual Property

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.

By: Julian Warner (Queen's University Belfast UK.)
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 267g
ISBN: 9780367537142
ISBN 10: 0367537141
Series: Routledge Research in Intellectual Property
Pages: 178
Publication Date: 09 January 2023
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Paperback
Publisher's Status: Active

Julian Warner is a faculty member at Queen’s Management School, Queen’s University Belfast.