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The Protection Of Databases, Daniel J. Gervais
The Protection Of Databases, Daniel J. Gervais
Vanderbilt Law School Faculty Publications
In Parts I and II of this Paper, the author analyzes the legal protection of databases first in international treaties, in particular the Berne Convention and the WTO TRIPS Agreement, and second under national and regional copyright, sui generis, or other (e.g., tort) law in Europe (both the European Directive on the legal protection of databases of 1996, which was under review, and a number of relevant national laws), the United States, and a number of foreign jurisdictions (Australia, Canada, China, Nigeria, Russia, and Singapore). In Part III, the author provides a critical analysis of the effort to expand the …
Unauthorized Annexing Of An Artist's World: An Argument For Creator-Assignee Standing To Sue For Copyright Infringement, Karen A. Skretkowicz
Unauthorized Annexing Of An Artist's World: An Argument For Creator-Assignee Standing To Sue For Copyright Infringement, Karen A. Skretkowicz
Seattle University Law Review
This Comment surveys the contemporary status of copyright law regarding a creator-assignee's standing to sue for infringement and the bases for allowing a creator-assignee to bring an infringement action. Part II begins the discussion with a review of the general principles of copyright law, including its constitutional and statutory frameworks, its underlying policies, and the moral rights doctrine. Part III continues with an overview of the general constitutional standing principles and real party in interest prerequisites. It then outlines the statutory and judicial limits on standing to sue under copyright law. Part IV discusses the issue of assignee standing in …