John T. Cross

Protecting computer databases under the United States copyright laws: Implications of the feist decision

Abstract As computers have proliferated in modern society, there has been a tremendous growth in the numbers and types of computer databases. These databases can be quite costly to prepare. Therefore, in order to reward compilers for taking the time and effort to assemble databases, the courts have protected these databases under various legal theories. In most instances, copyright law provides the best means of protection. The recent decision of the United States Supreme Court in the Feist case, however, seriously threatens the availability of copyright for some computer databases. Feist reinforces the principle that copyright extends only to works of ‘authorship’. Because certain computer databases do not involve significant creativity, they are potentially vulnerable under the rationale employed by the Court. Feist, however, does not spell the demise of copyright protection for all types of databases. To realise the full implications of that decision, one must look at the nature of a database, and asce...

The Copyright Holdout Problem and New Internet-Based Services

This chapter examines the holdout problem involving a copyright holder’s refusal to license digital content to internet users or third-party intermediaries despite the possibilities of socially valuable uses. It begins with two case studies illustrating the classic holdout problem, which often arises when transaction costs are high or when parties have drastically different expectations. The first case study focuses on the developments concerning Google Books. The second case study examines YouTube and the emergent development of user-generated content. The chapter concludes with three sets of preemptive legal responses that can help address the internet-related copyright holdout problem: limitations and exceptions in copyright law, compulsory or statutory licensing arrangements, and exogenous constraints imposed by competition law.

Evidentiary Privileges in International Intellectual Property Practice

Because the international intellectual property is based on a purely territorial model, a party who desires to obtain intellectual property rights in multiple jurisdictions must seek protection in each nation. This system creates unique and largely unforeseen problems involving the attorney client privilege. Although the party will be conveying much of the same information to legal counsel in all nations in which she seeks protection, the attorney-client privilege rules in various nations differ significantly. This paper, which will be presented at the INTA conference in May, 2009, explores the problem and critiques one proposed solution.