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Database Right
A database right is a ''sui generis'' property right, comparable to but distinct from copyright, that exists to recognise the investment that is made in compiling a database, even when this does not involve the "creative" aspect that is reflected by copyright. United Kingdom implementation of the EU directive. Section . Such rights are often referred to in the plural: database rights. The TRIPS Agreement requires that copyright protection extends to databases and other compilations if they constitute intellectual creation by virtue of the selection or arrangement of their contents, even if some or all of the contents do not themselves constitute materials protected by copyright. Many countries act in accordance with this requirement, as databases are protected by copyright if this condition is met, and there is no separate intellectual property right protecting databases (or any aspects of them) that do not meet the condition for copyright protection. The database right extends ...
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Sui Generis
''Sui generis'' ( , ) is a Latin phrase that means "of its/their own kind", "in a class by itself", therefore "unique". A number of disciplines use the term to refer to unique entities. These include: * Biology, for species that do not fit into a genus that includes other species * Creative arts, for artistic works that go beyond conventional genre boundaries * Law, when a special and unique interpretation of a case or authority is necessary ** Intellectual property rights, for types of works not falling under general copyright law but protected through separate statutes * Philosophy, to indicate an idea, an entity, or a reality that cannot be reduced to a lower concept or included in a higher concept Biology In the taxonomical structure "genus → species", a species is described as ''sui generis'' if its genus was created to classify it (i.e. its uniqueness at the time of classification merited the creation of a new genus, the sole member of which was initially the ''sui g ...
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Civil Code Of Russia
The Civil Code of the Russian Federation (russian: Гражданский кодекс Российской Федерации, frequently abbreviated 'ГК РФ') is the prime source of civil law for the Russian Federation. The Russian Civil Law system descended from Roman Law through Byzantine tradition. It was heavily influenced by German and Dutch norms in the 18th-19th centuries. Socialist-style modifications took place during the Soviet period (1922-1991) and Continental European Law influences since the 1990s. The Civil Code of the Russian Federation came into force in four parts. The first part, which deals with general provisions (i.e. defines sources, names legal entities etc.) was enacted by the State Duma in 1994 and entered into force in 1995. The second part (dealing with the Law of obligations) entered into force in 1996. The third part (Succession law) entered into force in 2002. The document has certain basic principles: equality of all participants guaranteed by ...
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Open Database License
The Open Database License (ODbL) is a copyleft license agreement intended to allow users to freely share, modify, and use a database while maintaining this same freedom for others. ODbL is published by Open Data Commons, which is part of Open Knowledge Foundation. The ODbL was created with the goal of allowing users to share their data freely without worrying about problems relating to copyright or ownership. It allows users to freely use the data in the database, including in other databases; edit existing data in the database; and add new data to the database. The license establishes the rights of users of the database, as well as the correct procedure for attributing credit where credit is due for the data, and how to make changes or improvements in the data, thus simplifying the sharing and comparison of data. Freedoms * To Share: To copy, distribute and use the database. * To Create: To produce works from the database. * To Adapt: To modify, transform and build upon the da ...
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Copyright
A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form. Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. A copyright is subject to limitations based on public interest considerations, such as the fair use doctrine in the United States. Some jurisdictions require "fixing" copyrighted works in a tangible form. It is often shared among multiple authors, each of whom holds a set of rights to use or license the work, and who are commonly referred to as rights holders. These rights frequently include reproduction, control over derivative works, distribution, public performance, and moral rights such as attribution. Copyrights can be granted by public law and are in that case considered "territorial ...
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Feist Publications V
Feist may refer to: * Feist (dog), a small hunting dog * ''Feist'' (video game), an action video game for PlayStation 4, Linux, OS X, Windows, and Xbox One * '' Feist Publications, Inc., v. Rural Telephone Service Co.'' (also ''Feist''), a decision by the Supreme Court of the United States People * Feist (singer) (born 1976), Canadian indie pop singer-songwriter and guitarist * Felix E. Feist (1910–1965), American film and television director and writer * Gene Feist (1923–2014), American playwright, theater director and co-founder of the Roundabout Theater Company * Gregory J. Feist (born 1961), American psychologist * Leo Feist (1869–1930), publisher of popular American music * Margot Honecker (; 1927–2016), East German politician * Mathias Feist (born 1961), ChessBase and Fritz programmer * Rainer Feist (1945–2007), officer in the German Navy * Raymond E. Feist Raymond Elias Feist (; born Raymond Elias Gonzales III; December 21, 1945) is an American fantasy ...
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Sine Qua Non
''Sine qua non'' (, ) or ''condicio sine qua non'' (plural: ''condiciones sine quibus non'') is an indispensable and essential action, condition, or ingredient. It was originally a Latin legal term for " conditionwithout which it could not be", "but for...", or "without which here isnothing." Also, "''sine qua non'' causation" is the formal terminology for "but-for causation." Origin and spread As a Latin term, it occurs in the work of Boethius, and originated in Aristotelian expressions. In Classical Latin, the form uses the word (from the verb , , to agree upon), but in later Latin the phrase is also used with , an error in translation as means ''construction'' and not ''condition''. It has passed from a merely legal usage to a more general usage in many languages, including English, German, French, Italian and Spanish. General usage U.S. president Andrew Jackson once gave a toast on the occasion of his receiving an honorary doctorate from Harvard University, respondi ...
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Copyright Clause
The Copyright Clause (also known as the Intellectual Property Clause, Copyright and Patent Clause, or the Progress Clause) describes an enumerated power listed in the United States Constitution ( Article I, Section 8, Clause 8). The clause, which is the basis of intellectual property laws in the United States and specifically copyright and patent laws, states that: History On August 18, 1787, the Constitutional Convention was in the midst of a weeks-long stretch of proposals to establish what would become the enumerated powers of the United States Congress. Three such proposals made on that day addressed what are now lumped together under intellectual property rights. One, by Charles Pinckney was "to secure to authors exclusive rights for a limited time". The other two were made by James Madison, who had previously served on a committee of the Congress established under the Articles of Confederation which had encouraged the individual states to adopt copyright legislation. ...
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Australian Digital Alliance
The Australian Digital Alliance (ADA) is an Australian non-profit coalition of public and private sector interests, formed to promote balanced copyright law by providing a voice for the public interest perspective in debates about copyright change and reform. The ADA engages with government through submissions, lobbying, and media activities. The ADA works closely with its sister organisation, the Australian Libraries Copyright Committee (ALCC). The ALCC is the main consultative body and policy forum for the discussion of copyright issues affecting Australian libraries. It develops policy and advocates action appropriate for the role of libraries as information providers and preservers in Australia. The two bodies share a copyright adviser, and generally make joint submissions to government. IceTV Pty Ltd v Nine Network Australia Pty Ltd (2009) The Nine Network sued IceTV for copyright infringement after IceTV used parts of Nine Network's programme schedules for its electr ...
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Telstra V Desktop Marketing Systems
''Telstra Corporation Limited v Desktop Marketing Systems Pty Ltd'' is a 2001 decision of the Federal Court of Australia related to the originality required to attract copyright protection. Heard before Justice Finkelstein in June 2000, the case concerned the release of a product called " Phonedisc" created by the Respondents, Desktop Marketing Systems. Decision In his decision handed down on 25 May 2001, Justice Finkelstein found that the contents of that product, which allowed the user to perform reverse telephone searches by service number, was almost identical in content to the publicly listed directories, even if some of the content was listed in a different fashion. The court found that Telstra, the Australian owner/publisher of the White Pages and Yellow Pages telephone directories, had copyright in the content of those directories. This gave Telstra, the predominant carrier within Australia and the maintainer of the publicly accessible White Pages (residential) and Yell ...
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European Economic Area
The European Economic Area (EEA) was established via the ''Agreement on the European Economic Area'', an international agreement which enables the extension of the European Union's single market to member states of the European Free Trade Association. The EEA links the EU member states and three EFTA states (Iceland, Liechtenstein, and Norway) into an internal market governed by the same basic rules. These rules aim to enable free movement of persons, goods, services, and capital within the European single market, including the freedom to choose residence in any country within this area. The EEA was established on 1 January 1994 upon entry into force of the EEA Agreement. The contracting parties are the EU, its member states, and Iceland, Liechtenstein, and Norway. The EEA Treaty is a commercial treaty and differs from the EU Treaties in certain key respects. According to Article 1 its purpose is to "promote a continuous and balanced strengthening of trade and economic rel ...
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Property Right
The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically heavily constrained insofar as property is owned by legal persons (i.e. corporations) and where it is used for production rather than consumption. A right to property is recognised in Article 17 of the Universal Declaration of Human Rights, but it is not recognised in the International Covenant on Civil and Political Rights or the International Covenant on Economic, Social and Cultural Rights. The European Convention on Human Rights, in Protocol 1, article 1, acknowledges a right for natural and legal persons to "peaceful enjoyment of his possessions", subject to the "general interest or to secure the payment of taxes." Definition The right to property is one of the most controversial human rights, both in terms of its existence and inte ...
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