International Copyright Law

International Copyright Law
William Fisher June 23, 2004 © All rights reserved.

The Sectors of Intellectual Property Law
Patent

Patent Copyright

Patent Copyright Trademark & Unfair Competition

Patent Copyright Trademark & Unfair Competition Right of Publicity

Patent Copyright Trademark & Unfair Competition Right of Publicity Trade Secrets

Intellectual Property Protection for Industrial Designs
Patent Copyright Copyrights for Useful Objects Trademark & Unfair Competition Right of Publicity Trade Secrets

Patent Copyright Design Patents Trademark & Unfair Competition Right of Publicity Trade Secrets

Patent Copyright Trademark & Unfair Competition Right of Publicity Trade Secrets Trade Dress

Patent Copyright Design Patents Copyrights for Useful Objects Trademark & Unfair Competition Right of Publicity Trade Secrets Trade Dress

Patent Copyright Trademark & Unfair Competition Right of Publicity Trade Secrets

Basic Copyright Law Long-term, medium protection for “original forms of expression” “Original” = independently created + minimal degree of creativity (Feist) “Original” does not require novelty, aesthetic merit, or truth

Examples of Things Protected by Copyright
literary works; musical works; dramatic works; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and audiovisual works; sound recordings; architectural works; compilations computer programs

Idea/Expression Distinction
Not copyrightable Ideas Facts "truths of a science" "methods of an art" "system of bookkeeping" generic plots generic characters research Copyrightable Expression detailed plots distinctive characters

Statutory Entitlements
(1) Reproduction (2) Derivative Works (3) First Distribution (4) Public Performance (5) Public Display

Proving Infringement Copying “Improper Appropriation”
Defendant’s admission Evidence of access + similarities “striking similarity” common errors “Improper Appropriation” “substantial similarity of expression” lay audience test scenes a faire doctrine

Fair Use Doctrine Supreme-Court Case Law
Sony v. Universal City Studios (1984)

Compensation System for Network Broadcasts of Copyrighted Programs
Studios Hold copyrights in movies & shows

licenses Studios Hold copyrights in movies & shows Networks

licenses Studios Networks free programming (with embedded ads) Public

Advertisers broadcast licenses Studios Networks higher prices for products free programming (with embedded ads) Public

Advertisers broadcast licenses Studios price of ads Networks higher prices for products free programming (with embedded ads) Public

Advertisers broadcast licenses Studios price of ads license fees Networks higher prices for products free programming (with embedded ads) Public

Advertisers broadcast licenses Studios price of ads license fees Networks higher prices for products free programming (with embedded ads) Public VCRs cost of VCRs Sony

Advertisers broadcast licenses Studios price of ads license fees Networks higher prices for products ? free programming (with embedded ads) Public VCRs cost of VCRs Sony

Fair Use Doctrine Supreme-Court Case Law
Sony v. Universal City Studios (1984) time shifting is fair use manufacturing VCRs is not contributory copyright infringement Harper & Row v. Nation Enterprises (1985) reproducing juicy excerpts of Ford’s autobiography is not fair use Campbell v. Acuff-Rose (1994) rap parody of “Oh, Pretty Woman” is fair use

Fair Use Doctrine Purpose and Character of the Use
commercial use disfavored transformative uses preferred parody strongly preferred propriety of defendant’s conduct relevant Nature of the Copyrighted Work fictional works/factual works unpublished/published

Intensity of Copyright Protection

unpublished published

unpublished fact fiction published

Fair Use Doctrine Purpose and Character of the Use
commercial use disfavored transformative uses preferred parody strongly preferred propriety of defendant’s conduct relevant Nature of the Copyrighted Work fictional works/factual works unpublished/published Amount and importance of the portion used Impact on Potential Market rival definitions of “potential market” only substitution effects are cognizable

Topics Basic Copyright Law International Copyright Agreements
Case Studies Software Protection Database Protection Moral Rights

Major Agreements (Potentially) Global Agreements: Regional Agreements
Berne Convention ( ) Universal Copyright Convention (1952) WIPO Copyright Treaty (1996) TRIPS (1994) Rome Convention (1961) Regional Agreements EC Directives NAFTA (1992) Bilateral Agreements E.g., US/Germany – Atlas Films

Berne Convention -- chronology
: Preliminary negotiation 1886: Original Berne Convention (10 countries) 1896: Paris Revision (13) 1908: Berlin Revision (18) 1914: Berne Revision (27) 1928: Rome Revision (36) 1948: Brussels Revision (37) 1967: Stockholm Revision (59) 1971: Paris Revision (63)

Berne Convention -- 1886 National treatment Protected Works:
10 countries Berne Convention National treatment Signatories give citizens of other signatories same treatment as their own citizens Except as to term of protection Protected Works: books; pamphlets; drama; music; design; painting; sculpture; maps; 3D works in geography and architecture No protection for photos; political articles; news Exclusive rights: 10-year translation right

Berne Convention -- 1896 National treatment Protected Works:
13 countries Berne Convention National treatment Signatories give citizens of other signatories same treatment as their own citizens Except as to term of protection Protected Works: books; pamphlets; drama; music; design; painting; sculpture; maps; 3D works in geography and architecture No protection for photos; political articles; news Exclusive rights: translation right for term of original work

Berne Convention -- 1908 18 countries National treatment
Signatories give citizens of other signatories same treatment as their own citizens Except as to term of protection No formalities as condition of protection Protected Works: books; pamphlets; drama; music; design; painting; sculpture; maps; 3D works in geography and architecture; photos; choreography; architecture No protection for political articles; news Exclusive rights: translation right for term of original work; recording right for music; cinematograhic right

Signatories give citizens of other signatories same treatment as their own citizens Except as to term of protection Discrimination against authors from non-member countries permitted No formalities as condition of protection Protected Works: books; pamphlets; drama; music; design; painting; sculpture; maps; 3D works in geography and architecture; photos; choreography; architecture No protection for political articles; news Exclusive rights: translation right for term of original work; recording right for music; cinematograhic right

Signatories give citizens of other signatories same treatment as their own citizens Except as to term of protection Discrimination against authors from non-member countries permitted No formalities as condition of protection Protected Works: books; pamphlets; drama; music; design; painting; sculpture; maps; 3D works in geography and architecture; photos; choreography; architecture; lectures No protection for political articles; news Exclusive rights: translation right for term of original work; recording right for music; cinematograhic right; moral right; broadcasting right; adaptation right

Varieties of “Moral Rights”
Integrity Attribution Divulgation Withdrawal Droit de Suite

Article 6 bis of the Berne Convention:
“Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.”

Signatories give citizens of other signatories same treatment as their own citizens Except as to term of protection Discrimination against authors from non-member countries permitted No formalities as condition of protection Protected Works: books; pamphlets; drama; music; design; painting; sculpture; maps; 3D works in geography and architecture; photos; choreography; architecture; lectures No protection for political articles; news Exclusive rights: translation right for term of original work; recording right for music; cinematograhic right; moral right; broadcasting right; adaptation right

Signatories give citizens of other signatories same treatment as their own citizens Discrimination against authors from non-member countries permitted No formalities as condition of protection Protected Works: books; pamphlets; drama; music; design; painting; sculpture; maps; 3D works in geography and architecture; photos; choreography; architecture; lectures No protection for political articles; news Exclusive rights: translation right for term of original work; recording right for music; cinematograhic right; moral right; broadcasting right (TV); adaptation right; public performance right; optional droit de suite Minimum term: LOA + 50 years

Berne Convention -- 1967 59 countries Stalemate on substance
National treatment Signatories give citizens of other signatories same treatment as their own citizens Discrimination against authors from non-member countries permitted No formalities as condition of protection Protected Works: books; pamphlets; drama; music; design; painting; sculpture; maps; 3D works in geography and architecture; photos; choreography; architecture; lectures No protection for political articles; news Exclusive rights: translation right for term of original work; recording right for music; cinematograhic right; moral right; broadcasting right (TV); adaptation right; public performance right; optional droit de suite Minimum term: LOA + 50 years Formation of WIPO Stalemate on substance

Signatories give citizens of other signatories same treatment as their own citizens Discrimination against authors from non-member countries permitted No formalities as condition of protection Protected Works: books; pamphlets; drama; music; design; painting; sculpture; maps; 3D works in geography and architecture; photos; choreography; architecture; lectures; folklore; legitimation system for films No protection for political articles; news Exclusive rights: translation right for term of original work; recording right for music; cinematograhic right; moral right; broadcasting right (TV); adaptation right; public performance right; optional droit de suite; reproduction right Minimum term: LOA + 50 years Formation of WIPO

Berne Convention -- 1979 currently 150 countries National treatment
Berne Convention National treatment Signatories give citizens of other signatories same treatment as their own citizens Discrimination against authors from non-member countries permitted No formalities as condition of protection Protected Works: books; pamphlets; drama; music; design; painting; sculpture; maps; 3D works in geography and architecture; photos; choreography; architecture; lectures; folklore; legitimation system for films No protection for political articles; news Exclusive rights: translation right for term of original work; recording right for music; cinematograhic right; moral right; broadcasting right (TV); adaptation right; public performance right; optional droit de suite; reproduction right Minimum term: LOA + 50 years Formation of WIPO

Universal Copyright Convention (1952; revised 1971)
36 countries Universal Copyright Convention (1952; revised 1971) National Treatment principle Members must provide “adequate and effective protection” for copyright Formalities permitted as precondition for protection Minimum term: LOA + 25 Exceptions permitted that do not “that do not conflict with the spirit and provisions of this Convention”

Rome Convention (1961) National Treatment principle
40 countries Rome Convention (1961) National Treatment principle Performers’ rights include: broadcast of a performance; fixation of a performance; reproduction of a fixation Producers of phonograms have exclusive rights to reproduce them Broadcasters have exclusive rights to fix or reproduce fixations of their broadcasts Article 12: Performers and producers must be paid “equitable remuneration” when phonograms are broadcast Minimum term: 20 years

Rome Convention (1961) National Treatment principle
currently 76 countries Rome Convention (1961) National Treatment principle Performers’ rights include: broadcast of a performance; fixation of a performance; reproduction of a fixation Producers of phonograms have exclusive rights to reproduce them Broadcasters have exclusive rights to fix or reproduce fixations of their broadcasts Article 12: Performers and producers must be paid “equitable remuneration” when phonograms are broadcast Minimum term: 20 years

Other “Neighboring Rights” Agreements
Geneva Phonograms Convention (1971) Brussels Satellite Convention (1974) WIPO Performances and Phonograms Treaty (1996)

TRIPS -- Copyright Article 9: Article 10:
currently 146 countries TRIPS -- Copyright Article 9: Incorporate Berne Convention, Arts. 1-21, except 6bis Idea/expression distinction Article 10: Computer programs protected (both source and object code) Intellectually creative aspects of databases protected – not data itself

TRIPS -- Copyright Article 11: Article 12: Article 13:
currently 146 countries TRIPS -- Copyright Article 11: Authors of computer programs and films may authorize or forbid commercial rentals Article 12: Minimum terms for works not tied to LOA is 50 years Article 13: Exceptions shall be limited to cases that do not conflict with normal exploitation or unreasonably prejudice legitimate interests

TRIPS -- Copyright Article 14:
currently 146 countries TRIPS -- Copyright Article 14: Performers control fixation and broadcasts Producers of phonograms control reproduction and commercial rentals Broadcasters control fixation, reproduction, rebroadcasts Performers and producers get minimum term of protection of 50 years Exceptions permitted to extent of Rome Convention

Sore Spots in International Copyright Law
Authorship Creativity Duration Useful Objects Software Public Performances Neighboring Rights Government documents Fair Use Moral Rights

Authorship Creativity Duration Useful Objects Software Public Performances Neighboring Rights Government documents Fair Use Moral Rights Territoriality Principle Treatment of “works for hire”; Priority rules

Authorship Creativity Duration Useful Objects Software Public Performances Neighboring Rights Government documents Fair Use Moral Rights Feist (US) Tele-Direct (Canada) Schricker (Germany)

Authorship Creativity Duration Useful Objects Software Public Performances Neighboring Rights Government documents Fair Use Moral Rights Territoriality Principle --Atlas Film (Germany) UCC, art. IV Berne, art. 7(8) EC Term Directive --LOA + 70 Sonny Bono --LOA + 70; Eldred

Authorship Creativity Duration Useful Objects Software Public Performances Neighboring Rights Government documents Fair Use Moral Rights Utility Models; Conceptual Separability; Overlap with creativity requirements

Authorship Creativity Duration Useful Objects Software Public Performances Neighboring Rights Government documents Fair Use Moral Rights CONTU (US) EC Software Directive TRIPS Art. 10

Authorship Creativity Duration Useful Objects Software Public Performances Neighboring Rights Government documents Fair Use Moral Rights Berne Arts. 2, 11bis Rome Art. 12; 1992 EC Directive; DPRA & DMCA (US) CARP (US)

Authorship Creativity Duration Useful Objects Software Public Performances Neighboring Rights Government documents Fair Use Moral Rights European blank- tape systems; Sound recordings

Authorship Creativity Duration Useful Objects Software Public Performances Neighboring Rights Government documents Fair Use Moral Rights Germany, Japan, & US withhold © Great Britain: Crown and Parliamentary copyright

Authorship Creativity Duration Useful Objects Software Public Performances Neighboring Rights Government documents Fair Use Moral Rights Is TRIPs compatible with US fair use? Should TRIPs mandate fair use?

Fair Use? Berne Convention, Article 10
(1) It shall be permissible to make quotations from a work which has already been lawfully made available to the public, provided that their making is compatible with fair practice, and their extent does not exceed that justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries. (2) It shall be a matter for legislation in the countries of the Union, and for special agreements existing or to be concluded between them, to permit the utilization, to the extent justified by the purpose, of literary or artistic works by way of illustration in publications, broadcasts or sound or visual recordings for teaching, provided such utilization is compatible with fair practice.

Fair Use? Berne Convention, Article 10bis
(1) It shall be a matter for legislation in the countries of the Union to permit the reproduction by the press, the broadcasting or the communication to the public by wire, of articles published in newspapers or periodicals on current economic, political or religious topics, and of broadcast works of the same character, in cases in which the reproduction, broadcasting or such communication thereof is not expressly reserved. Nevertheless, the source must always be clearly indicated; the legal consequences of a breach of this obligation shall be determined by the legislation of the country where protection is claimed. (2) It shall also be a matter for legislation in the countries of the Union to determine the conditions under which, for the purpose of reporting current events by means of photography, cinematography, broadcasting or communication to the public by wire,literary or artistic works seen or heard in the course of the event may, to the extent justified by the informatory purpose, be reproduced and made available to the public.

Fair Use? TRIPS, Article 13 Members shall confine limitations or exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.

Authorship Creativity Duration Useful Objects Software Public Performances Neighboring Rights Government documents Fair Use Moral Rights Is TRIPs compatible With US fair use? Should TRIPs Mandate fair use?

Issues include: Duration; Alienability; Preconditions to integrity right; Responsibility of heirs/devisees Berne 6bis TRIPS exclusion Authorship Creativity Duration Useful Objects Software Public Performances Neighboring Rights Government documents Fair Use Moral Rights

Authorship Creativity Duration Useful Objects Software Public Performances Neighboring Rights Government documents Fair Use Moral Rights

Authorship Creativity Duration Useful Objects Software Public Performances Neighboring Rights Government documents Fair Use Moral Rights drive toward harmonization by selecting most author-protective option on each issue

Possible Goals of International Copyright
Political Democracy (Netanel) Economic Efficiency Reducing barriers to free trade Cultural Vitality Semiotic democracy Distributive Justice Distribute justice across countries Egalitarianism (economic democracy) Respect artists’ rights Respect natural rights Universal Right to education

Dahl’s definition of Political Democracy
Elected officials govern Frequent and fair elections Universal adult suffrage Universal qualification for elective office Freedom of expression Available alternative sources of information Freedom of association

Possible Causal Connections
Democracy- enhancing Democracy- consolidating Democracy- inducing

Impact of Copyright Foster free flow of information and diversity of expression Promote independent sector of artists & publishers Venerate individual innovation and expression Democracy- enhancing Democracy- consolidating Democracy- inducing

Impact of Copyright Foster free flow of information and diversity of expression Promote independent sector of artists & publishers Venerate individual innovation and expression Democracy- enhancing Democracy- consolidating Democracy- inducing ? ? ?

Embodiments of the “Democratic Entitlement”
ICCPR ECHR Charter of OAS ACHR African Charter on Human and People’s Rights Charter of Paris Moscow Document International Covenant on Economic, Social and Cultural Rights (ICESCR)

Implications of the Democracy / Free Speech Principles
Compel countries not members of Berne or WTO to adopt copyright systems Mandatory limits on copyright: Temporal limits Idea/fact/expression distinction Some fair-use exceptions Exception for transient, incidental reproduction No prior restraints or punitive damages Interpret Berne/TRIPS provisions E.g., Art. 13 Permissible “cultural exceptions”

Legal Protection for Databases

What is a Database? WIPO Draft Treaty Definition: “‘database’ means a collection of independent works, data or other materials arranged in a systematic or methodical way and capable of being individually accessed by electronic or other means” Examples: nationwide telephone directory compilation of financial data on companies Lexis/Nexis compilation of public-domain materials

Possible Sources of Legal Protection
Copyright Misappropriation Doctrine Contract Sui Generis Legislation or Treaty Encryption/Anti-“Black Box” Legislation Trespass Doctrine Branding – e.g., Lexis; Westlaw

To secure copyright protection for a database, one must show:
DB is within subject matter coverage DB is fixed in a tangible medium of expression DB is sufficiently “original” Feist problem TRIPS Article 10(2)

INS v. AP (1918) Constriction Cheney Bros. (CA2 1929) Erie RR (1938)
NFL v. Del. (1977) NBA (1997) Alcatel (1999) Expansion Radio broadcast cases ( ) Metropolitan Opera (NY 1950) Pottstown News (PA 1963) Bond Buyer (NY 1966) Dow Jones (Ill 1983) US Sporting Products (Tex 1993) Lynch, Jones (NY 1998) Internet “framing” cases?

Facts of NBA (1997) NBA game

Facts of NBA (1997) NBA game Live audience TV audience Radio Audience

Facts of NBA (1997) NBA game Live audience (STATS reporters)
TV audience Radio Audience (STATS reporters)

TV audience Radio Audience (STATS reporters) STATS computer

TV audience Radio Audience (STATS reporters) STATS computer Satellite

TV audience Radio Audience (STATS reporters) Motorola pagers STATS computer Satellite

TV audience Radio Audience (STATS reporters) Users Motorola pagers STATS computer Satellite

NBA (CA2 1997) A “hot news” misappropriation claim survives preemption iff: P generates or creates information at some cost Information is highly time-sensitive D “free rides” on P’s efforts D competes directly with P such free-riding would threaten the existence or quality of the service P provides

Contract Use Restrictions in Ordinary Contracts or Licenses
Shrink-wrap licenses ProCD

Excerpt from Martindale-Hubbell Website
"You are hereby granted a nonexclusive, nontransferable, limited license to view, reproduce, print, and distribute insignificant portions of materials retrieved from this Site provided (a) it is used only for informational, non-commercial purposes, (b) you do not remove or obscure the copyright notice or other notices. Except as expressly provided above, no part of this Site, including but not limited to materials retrieved therefrom and the underlying code, may be reproduced, republished, copied, transmitted, or distributed in any form or by any means. In no event shall materials from this Site be stored in any information storage and retrieval system without prior written permission Martindale-Hubbell."

Limitations of Contractual Protection
Creator Purchaser contract with valid restraints on use and alienation

Creator Purchaser contract with valid restraints on use and alienation Rival conveyance without restrictions

Creator Purchaser contract with valid restraints on use and alienation Rival conveyance without restrictions distribution --e.g., over internet Public

breach of contract (damages and injunction) Creator Purchaser contract with valid restraints on use and alienation Rival conveyance without restrictions distribution --e.g., over internet Public

Creator claim for tortious interference with contractual relations? Purchaser contract with valid restraints on use and alienation Rival conveyance without restrictions distribution --e.g., over internet Public

Creator No practical remedy Purchaser contract with valid restraints on use and alienation Rival conveyance without restrictions distribution --e.g., over internet Public

Efforts to Secure Sui Generis Protection
EC Directive 96/9 Federal legislation in the United States

EEC Directive 96/9 -- Coverage
Applies to any “collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means." Plaintiff must prove: “that there has been qualitatively and/or quantitatively a substantial investment in either the obtaining, verification or presentation of the contents”

EC Directive 96/9 -- Entitlements
No unauthorized extraction or reutilization of any part of the database

“Extraction” = “the permanent or temporary transfer of all or a substantial part of the contents of a database to another medium by any means or in any form” “Reutilization” = “any form of making available to the public all or a substantial part of the contents of a database by the distribution of copies, by renting, by on-line or other forms of transmission.”

No unauthorized extraction or reutilization of any part of the database No first-sale doctrine No compulsory licenses

EC Directive 96/9 -- Privileges
Copying of “insubstantial” portions for any purpose unless it conflicts with the “normal exploitation” of the DB Member states may permit extraction or reutilization for noncommercial teaching or scientific research if credit is given Member states may permit extraction or reutilization of “substantial” portions for “private purposes”

EC Directive 96/9 -- Duration
15 years additional 15 years each time the database is “substantially modified”

Proposals for American Sui-Generis Legislation
104th Congress: Database Investment and Intellectual Property Antipiracy Act of 1996 105th Congress: HR 2652 passed the House; S 2291 died in Senate 106th Congress: Two House bills pending: HR 354: Collections of Information Antipiracy Act, introduced 1/19/99; approved by House Judiciary Comm. HR 1858: Comsumer and Investor Access to Information Act of 1999, introduced 5/19/99

H.R. 354 Protected databases include: information that has been collected and has been organized for the purpose of bringing discrete items of information together in one place or through one source so that users may access them specific exception for works of narrative literary prose, but inclusion of collections of such works

H.R. 1858 Protected databases include: a collection of discrete items of information that have been collected and organized in a single place, or in such a way as to be accessible through a single source, through the investment of substantial monetary or other resources, for the purpose of providing access to those discrete items of information by users of the database. However, a discrete section of a database that contains multiple discrete items of information may also be treated as a database.

H.R. 354 Information: facts, data, works of authorship or any other intangible material capable of being gathered and organized in a systematic way specifically includes works of authorship in definition, but states that it does not provide any greater protection than copyright to works of authorship included in collections, other than a work that is itself a collection

H.R. 1858 Information: facts, data, or any other intangible material capable of being collected or organized in a systematic way, with the exception of works of authorship

H.R. 354 Exclusions: Government databases real-time market information
computer programs databases for facilitating digital online communications

H.R. 1858 Exclusions: Government databases computer programs
databases to facilitate internet communications Nonprotectable subject matter: individual ideas, facts, procedures, systems, methods of operation, concepts, principles or discoveries Preexisting databases Works of authorship

H.R. 354 Prohibitions: Making available or extracting to make available all or a substantial part of a collection of information, causing material harm to the primary or related market for the product of the other party or a successor in interest Extraction of a substantial part of a collection of information so as to cause material harm to the primary market

H.R. 354 Primary market: all markets in which the product is offered or in which the party derives or reasonably expects to derive direct or indirect revenue Related market: [1] any market in which similar products are offered and in which the parties offering similar products derive or expect to derive direct or indirect revenue or [2] any market in which the protected party has taken demonstrable steps to offer a product within a short period of time and with the reasonable expectation to derive direct or indirect revenue

H.R. 1858 Prohibition: Distribution of duplicates: sale or distribution to the public of a database that is the duplicate of a database (substantially the same database made by extracting the information from the original) collected and organized by another person, in competition with that other database.

H.R. 1858 In competition with: the duplicate database displaces substantial sales or licenses of the original database and significantly threatens the opportunity to recover a return on the investment in the collecting and organizing of the database

H.R. 354 Privileges: Use of Individual items of information or insubstantial portions of the compilation The lawful owner of a copy of the original collection may sell or transfer that copy News reporting Nonprofit educational, scientific or research purposes that do not materially harm the primary market

H.R. 354 Privileges: Reasonable use for illustration, explanation, example, comment, criticism, teaching, research or analysis commercial or nonprofit purpose amount extracted appropriate to purpose good faith extent of incorporation into an independent work and degree of difference between independent and original works development for and marketing in the same field as the original

H.R. 1858 Privileges: News reporting (except time-sensitive material collected by a news reporting entity when use is part of a consistent pattern of activity engaged in for the purpose of direct competition) Scientific, educational or research purposes, if not a consistent pattern engaged in for the purposes of direct commercial competition

H.R. 354 Term: Protection of information ends 15 years after original collection was first offered in commerce, with no extension for later changes to collection; burden of proof is on plaintiff to show that portion of collection to be protected is no more than 15 years old

H.R. 1858 Term: No term of protection specified

Lobbying for H.R. 354 Pro NYSE Real Estate Agents AMA EBay Anti
Chamber of Commerce Consumers Union Research Libraries Charles Schwab Yahoo

Copyright Misappropriation Doctrine Contract Sui Generis Legislation or Treaty Encryption/Anti-“Black Box” Legislation Trespass Doctrine Bidder’s Edge v. Ebay (May 2000) Branding – e.g., Lexis; Westlaw

Copyright Misappropriation Doctrine Contract Sui Generis Legislation or Treaty Encryption/Anti-“Black Box” Legislation Trespass Doctrine Bidder’s Edge v. Ebay (May 2000) Branding – e.g., Lexis; Westlaw Wednesday

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