Intellectual Property Protection of Fact-based Works

Intellectual Property Protection of Fact-based Works

Copyright and Its Alternatives

Edited by Robert F. Brauneis

The US Supreme Court decision in Feist Publications Inc. v. Rural Telephone Service Co. held that factual matter is not subject to copyright protection because it is not original to the author. The decision dramatically rejected a two-century-old tradition of protecting factual compilations under copyright. The contributors to this book reassess this decision and its implications, approaching the protection of factual matter from a range of perspectives: policy, historical, comparative, empirical and philosophical.

Preface

Edited by Robert F. Brauneis

Subjects: law - academic, intellectual property law

Extract

The chapters in this book are based on papers presented at a symposium entitled ‘Feist, Facts, and Functions: IP Protection for Works Beyond Entertainment’, which was held in Washington, DC on 28 September 2007. The symposium was co-sponsored by The George Washington University Law School and the Software and Information Industry Association. For their support of the project, I would like to thank Frederick M. Lawrence, the Dean of the Law School; Michael Ryan, Director of the Law School’s Creative and Innovative Economy Center; Ken Wasch, President of the Software and Information Industry Association; and Keith Kupferschmid, Senior Vice President of the Association. For their aid in organizing and staffing the event, I would like to thank Sarah Huisentruit Orye, Shauna Eisenberg, and Thomas Lee of the Creative and Innovative Economy Center. For his superlative assistance in compiling the indices, I would like to thank David Yung Ho Kim, whose work was generously supported by the Cardozo Law School during my visit there in the Spring of 2009; for his timely support in finalizing the indices, I would like to thank Thomas Mittenzwei. Finally, and most importantly, I would like to thank the participants in the Symposium for their presentations and for their subsequent contributions to this volume, from which I have learned a great deal. Robert F. Brauneis The George Washington University Law School December 2008 viii