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Doctrine of Sweat of the Brow
Abstract
“Sweat Of The Brow” is one of the well known doctrines in Copyright Law. The doctrine protects factual compilations. The origin of this doctrine cannot be acknowledged, but through study this is clear that this doctrine is the result of misinterpretation of earlier statutes. The rationale behind this doctrine was to award the person who expended his sweat and effort in compiling the facts. No one can misuse and take a gain out of it. The principle of Sweat of the brow doctrine can also be stated in the form that one is not at liberty to avail himself of the labour which the other has been at for the purposes of producing his work that is, in fact, merely to take away the result of another mans labour or in other words, his intellectual property. But Copyright Act protects original and creative works. And thus this doctrine is in conflict with the core principle of the Copyright Act. It has led to confusion in order to determine the boundaries of the concept of originality. With the ruling of the Feist Case(1991), this doctrine was totally negated. U.S. Copyright Act allows for the protection of "compilations," only when there is a "creative" or "original" act involved in such a compilation. The application of Feist case was made in case of directories, catalogues, charts , forms and judicial reports etc.. But in India, the lacuna is originality is not defined in the Act. India follows Sweat of the Brow doctrine. In the cases like Eastern Book Company v. D.B. Modak(2002), Indian judiciary showed a shift from the sweat of the brow doctrine. But still in case of database protection, this doctrine is practiced by the judiciary. The doctrine of sweat of the brow should be absolutely made void under copyright law, and Copyright Act should protect creativity and originality rather then labour and sweat. Clear and unambiguous clauses shall be added in the Act to describe ‘originality’ and ‘creativity’.
... довідників, каталогів, діаграм, бланків та судових звітів [2]. ...
... 3. Щодо Індії, то в цій державі доктрина «Поту чола» досі застосовуванаіндійська судова система рідко демонструє відхід від неї, що пов'язано із тим, що місцевий закон про авторські права не містить чітких та недвозначних положення для опису «оригінальності» та «творчості» [2]. ...
Наукові тези присвячені доктрині «Sweat of the brow» (або в перекладі доктрина «Поту чола» чи «В поті чола») – правовій доктрина, яка виникла в державах англо-американської системи, відповідно до якої автор набуває права шляхом простої старанності під часстворення твору. Вона є досить унікальною, але не висвітленою у вітчизняній науковій доктрині.
Ключові слова: Sweat of the brow, правова доктрина, право інтелектуальної власності, авторське право, США
... Databases which have been prepared with cognizable creative efforts in the systematic arrangement of facts are protected under copyright law [11]. However, courts have consistently relied on the "sweat of the brow" doctrine [12]. Some courts have also categorically rejected this doctrine and emphasized on the aspect of creativity in its ad-jurisdiction [13]. ...
Digital Databases dynamically generates a major proportion of the internet content. The databases are created, stored and accessed digitally and transmitted through computer networks. This has grown the potential, sizes and performance of databases in exponential magnitudes. Thus, the need to protect digital databases arises due to the increased vulnerability to copyright and piracy threats originating from the Internet. Both legal and technological measures must be utilized in a synergetic manner to ensure an adequate level of protection. TPMs backed by legal anti-circumvention measures offer a cost-effective solution to database protection. We provide the current state-of-art and analyses of the arena of digital database protection from a combined legal and technical perspective. Our work is more focused on security analysis of the work done so far and provides readers with detailed discussion on the future directions in the domain of digital watermarking of databases.
The growth in information and communication technology (ICT) has brought about increased pace in information and knowledge exchange. This increased pace is being fueled in large part by the open exchange of information. The pressure for open access to research data is gaining momentum in virtually every field of human endeavour. Data is the life blood of science and quite unsurprisingly data repositories are rapidly becoming an essential component of the infrastructure of the global science system. Improved access to data will transform the way research is conducted. It will create new opportunities and avenues for improved efficiency in dealing with social, economic and scientific challenges facing humanity. Despite the admitted benefits of open access to research data, the concept is still weighed down by series of factors both legal and ethical which must be resolved in other to derive the maximum benefits arising from open access to data. The resolution of these issues will require the development of a sustainable framework to facilitate access to and use of research data by researchers, academics institutions, private individuals and other users. This research paper examines the legal and ethical issues affecting open access to research data. The research also examined various frameworks for enhancing open access to research data. Such frameworks include the open data contract, open content licenses as well as open data commons.
The 1991 U.S. Supreme Court decision in Feist Publications v. Rural Telephone Service Company, Inc. delivered was hailed both as a landmark decision and a legal bomb. Was Feist so original as to deserve all the attention? After all, it did not establish a new originality paradigm as such but only ended a long division among federal circuits concerning the protection under copyright of factual compilations. A number of circuits had adopted a test similar to the one articulated in Feist (i.e., based on creative selection), while others required only evidence of labor, a test known as sweat of the brow. In reality, Feist did much more than resolve a definitional tension: it determined that there was a constitutional requirement of creativity. According to the U.S. database industry, the sky had fallen: factual compilations would no longer be protected and without adequate protection, investments necessary for the creation and maintenance of databases would dry up. That did not happen, even though debates concerning a federal tort of misappropriation continue. The purpose of this article is not to analyze whether Feist was correctly decided, but rather to show that a Feist like standard is now applied or may soon emerge in key common law countries. Moreover, in a move that may bridge the gap between the two major systems of copyright, we will demonstrate that civil law systems have also adopted a similar doctrine.
Jane C's the concept of authorship in Comparative Copyright Law [for DePaul L.Rev. Symposium, " Many Faces of Authorship
- Ginsburg
75 Ginsburg. Jane C's the concept of authorship in Comparative Copyright Law [for DePaul L.Rev.
Symposium, " Many Faces of Authorship " ], Columbia Law School, Paper No. 3-51]