Database Directive

Abstract: The paper sets out the economic case for the effectiveness of open, collaborative research, and the forces behind the recent, countervailing rush to strengthen and expand the scope of intellectual property rights protection. Focusing upon innovations in copyright law and the sui generis protection of hitherto unprotected content, it documents the genesis and analyzes the economic implications of the EC's Database Directive, and related legislative proposals (H.R. 3125, H.R. 354 and H.R. 1858) in the US. The discussion concludes by advancing a number of modest remedial proposals that are intended to promoted greater efforts to arrive at satisfactory policy solutions for this aspect of "the digital dilemma".

Abstract: Radical legal innovations in intellectual property protection have been introduced by the little noticed European Database Directive of March 1996. This initiative, part of the larger institutional transformations initiated in response to the economic ramifications of rapid progress in digital information technologies, poses numerous contentious issues in law and economics. These are likely to create ambiguities for business and non-profit activities in this area for years to come, and the terms on which those issues are resolved will materially affect the costs and organizational feasibility of scientific projects that are of global reach and significance. This is the case especially in fields such as geology, oceanography and climatology, which depend heavily upon the collection, management and analysis of large volumes of observational data that cannot be regenerated. More generally the conduct of open, collaborative science - along with many of the benefits that flow from it for the developed and the developing economies alike - may be seriously jeopardized by the consequences of the new database protections. This raises the spectre of a new and different ragedy of the commons,"" one created by continuing the unbalanced pressure to extract greater economic rents by means of controlling access to information. ""Over-fencing,"" which is to say, the erection of artificial cost barriers to the production of reliable public knowledge by means of reliable public knowledge, threatens the future of ""the public knowledge commons"" that historically has proved critically important for rapid advance in science and technology. The paper sets out the economic case for the effectiveness of open, collaborative research, and the forces behind the recent, countervailing rush to strengthen and expand the scope of intellectual property rights protection. Focusing upon innovations in copyright law and the sui generis protection of hitherto unprotected content, it documents the genesis and analyzes the economic implications of the EC''s Database Directive, and related legislative proposals (H.R. 3125, H.R. 354 and H.R. 1858) in the US. The discussion concludes by advancing a number of modest remedial proposals that are intended to promote greater efforts to arrive at satisfactory policy solutions for this aspect of ""the digital dilemma."" "

Abstract: October 2000 There is a serious threat that ill-considered government support for expanding legal means of controlling access to information for the purpose of extracting private economic rents is resulting in the "over-fencing of the public knowledge commons" in science and engineering. Such a new "tragedy of the commons" would bring adverse long-run consequences for future welfare gains through technological progress, and re-distributional effects further disadvantaging the present economically less advanced countries of the world. Radical legal innovations in intellectual property protection that seriously jeopardize the effective conduct of open, collaborative science have been introduced by the little noticed European Database Directive of March 1996. This initiative forms an emblematic and substantively significant aspect of the broader set of transformations in intellectual property rights institutions that have been initiated in response to the economic ramifications of rapid progress in digital information technologies. The EC Directive poses numerous contentious issues in law and economics that will create ambiguities for business and non-profit activities in this area for years to come. The terms on which those issues are resolved will materially affect the costs and organizational feasibility of scientific projects that are of global reach and importance, especially those that depend heavily upon the collection, management and analysis of large volumes of observational data that cannot be regenerated. This paper sets out the economic case for the effectiveness of open, collaborative research, and the forces behind the recent, countervailing rush to strengthen and expand the scope of intellectual property rights protection. Focusing upon innovations in copyright law and the sui generis protection of hitherto unprotected content, it documents the genesis and analyzes the economic implications of the EC's Database Directive, and related legislative proposals (H.R. 3125, H.R. 354 and H.R. 1858) in the US. Several modest remedial proposals are advanced to mitigate the adverse impact of "the digital technology boomerang" upon open science. Keywords: intellectual property rights, copyright, sui generis protection of expressive material, economics of information-goods, open science, "fair use," scientific databases. JEL Classification: H4, K39, O31, O34

Abstract: Contents: Introduction PART I: GENERAL PRINCIPLES OF EUROPEAN COPYRIGHT 1. Is There a Concept of European Copyright Law? History, Evolution, Policies and Politics and the Acquis Communautaire Agnes Lucas-Schloetter 2. The Principle of Non-Discrimination Cristiana Sappa 3. The Principle of Free Movement of Goods - Community Exhaustion and Parallel Imports Benedetta Ubertazzi 4. The Essential Facilities Principle and Other Issues of Competition Alison Firth PART II: THE EU DIRECTIVES 5. The Software Directive Marie-Christine Janssens 6. The Rental and Lending Rights Directive Sylvie Nerisson 7. The Satellite and Cable Directive Jan Rosen 8. The Term Directive Gemma Minero 9. The Database Directive Estelle Derclaye 10. The Resale Right Directive Jens Gaster 11. The Information Society Directive Christophe Geiger, Franciska Schoenherr (articles 5 and 6(4)), Irini Stamatoudi and Paul Torremans 12. The Enforcement Directive Irini Stamatoudi 13. The Orphan Works Directive Uma Suthersanen and Maria Mercedes Frabboni 14. The Draft Collective Management Directive Lucie Guibault PART III: EU POLICIES AND ACTIONS 15. The EU Policies and Actions in the Fight Against Piracy Olivier Vrins 16. Europeana, Arrow and Orphan Works: Bringing Europe's Cultural Heritage Online Nadine Klass and Hajo Rupp 17. The Digital Agenda for Europe, the Economy and its Impact Upon the Development of EU Copyright Policy Benjamin Farrand 18. Intellectual Property and the EU Rules on Private International Law: Match or Mismatch? Paul Torremans PART IV: PRESENT AND FUTURE OF COPYRIGHT IN THE EUROPEAN UNION 19. The EU Stance in International Matters Gillian Davies 20. The Role of the Court of Justice in the Development of European Union Copyright Law Jonathan Griffiths 21. Towards a European Copyright Law: Four Issues to Consider Alain Strowel 22. Conclusion Index