The EU-Directive on the Legal Protection of Databases and the Incentives to Update: An Economic Analysis
The database directive, initiated by the European Commission in 1992 and due to be finalised in the near future, establishes a two-tiered system of protection, amending copyright with a sui generis rule that grants protection against unfair extraction. The terms of protection are extended if the producter makes "substantial changes" to update the database. This paper analyses the incentive to update created by the database directive. In contrast to the usual findings of the literature on the incentive effects of intellectual property rights, we find that, although in most cases the incentives to update a database are insufficient from society's point of view, the possibility of extending the term of protection by making 'substantial changes' in the database may create an incentive for excessive updating. This leads to conclusions about what should be considered a substantial change
|Date of creation:||1996|
|Date of revision:|
|Contact details of provider:|| Postal: |
Phone: *49(0)681-302 2132
Fax: *49(0)681-302 3591
Web page: http://www.uni-saarland.de/fak1/fr12/csle/
More information through EDIRC
Please report citation or reference errors to , or , if you are the registered author of the cited work, log in to your RePEc Author Service profile, click on "citations" and make appropriate adjustments.:
- Landes, William M & Posner, Richard A, 1989. "An Economic Analysis of Copyright Law," The Journal of Legal Studies, University of Chicago Press, vol. 18(2), pages 325-63, June.
- Novos, Ian E & Waldman, Michael, 1984. "The Effects of Increased Copyright Protection: An Analytic Approach," Journal of Political Economy, University of Chicago Press, vol. 92(2), pages 236-46, April.
- Koboldt, Christian, 1995. "Intellectual Property and Optimal Copyright Protection," CSLE Discussion Paper Series 95-01, Saarland University, CSLE - Center for the Study of Law and Economics.
When requesting a correction, please mention this item's handle: RePEc:zbw:csledp:9603. See general information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (ZBW - German National Library of Economics)
If references are entirely missing, you can add them using this form.