{"status":"ok","message-type":"work","message-version":"1.0.0","message":{"indexed":{"date-parts":[[2022,4,2]],"date-time":"2022-04-02T06:08:36Z","timestamp":1648879716046},"reference-count":9,"publisher":"Elsevier BV","issue":"4","license":[{"start":{"date-parts":[[2000,10,1]],"date-time":"2000-10-01T00:00:00Z","timestamp":970358400000},"content-version":"tdm","delay-in-days":0,"URL":"https:\/\/www.elsevier.com\/tdm\/userlicense\/1.0\/"}],"content-domain":{"domain":[],"crossmark-restriction":false},"short-container-title":["Government Information Quarterly"],"published-print":{"date-parts":[[2000,10]]},"DOI":"10.1016\/s0740-624x(00)00052-6","type":"journal-article","created":{"date-parts":[[2002,7,25]],"date-time":"2002-07-25T13:19:02Z","timestamp":1027603142000},"page":"425-437","source":"Crossref","is-referenced-by-count":0,"title":["Summary of National Research Council report on database protection"],"prefix":"10.1016","volume":"17","author":[{"given":"Paul F","family":"Uhlir","sequence":"first","affiliation":[]}],"member":"78","reference":[{"key":"10.1016\/S0740-624X(00)00052-6_BIB1","unstructured":"The E.U. Database Directive\u2014Directive 96\/9\/EC of the European Parliament and of the Council of March 11, 1996 on the Legal Protection of Databases, 1996 O.J. (L77) 20."},{"key":"10.1016\/S0740-624X(00)00052-6_BIB2","unstructured":"National Research Council, Bits of Power: Issues in Global Access to Scientific Data (Washington, D.C.: National Academy Press, 1997)."},{"key":"10.1016\/S0740-624X(00)00052-6_BIB3","unstructured":"See, e.g., J. H. Reichman & Paul F Uhlir.,\u201cDatabase Protection at the Crossroads: Recent Developments and Their Impact on Science and Technology,\u201d Berkeley Technology Law Journal, 14 (1999): 793; Stephen M. Maurer & Suzanne Scotchmer, \u201cDatabase Protection: Is It Broken and Should We Fix It?,\u201d Science, 284 (May 14,1999): 1129."},{"key":"10.1016\/S0740-624X(00)00052-6_BIB4","unstructured":"Office of Management and Budget., Circular A-130,\u201cManagement of Federal Information Resources\u201d (1993)."},{"key":"10.1016\/S0740-624X(00)00052-6_BIB5","unstructured":"See, e.g., 44 U.S.C., Section 3506(d)(1). (A) (Suppl. 1995), and Office of Management and Budget, Circular A-130, Note 4."},{"key":"10.1016\/S0740-624X(00)00052-6_BIB6","unstructured":"Feist Publications, Inc. v. Rural Telephone Service Co., 499 U.S. 340 (1991). It is important to note, however, that Feist did not\u201coverturn\u201d the \u201csweat-of-the-brow\u201d doctrine under copyright, which Congress had actually done already under the Copyright Act of 1976. Moreover, the sweat-of-the-brow doctrine under state law was never a prevailing legal approach."},{"key":"10.1016\/S0740-624X(00)00052-6_BIB7","unstructured":"The potential for unintended consequences from new sui generis intellectual property legislation and the need for caution was emphasized by the former chairman of the House Committee on the Judiciary, Robert W. Kastenmeier, in Kastenmeier and Remington,\u201cThe Semiconductor Chip Protection Act of 1984: A Swamp or Firm Ground?\u201d 70 Minnesota Law Review, 70 (1985): 417, 440\u2013442 (1985), where the authors suggested that any proposal for such legislation should meet a four-point test: (1) that the protection would fit harmoniously with other intellectual property regimes; (2) that the new protection can be defined in a reasonably clear and satisfactory manner; (3) that the new proposal is based on an honest analysis of all the costs and benefits; and (4) that the legislation should show clearly that it would enrich and enhance the \u201caggregate public domain.\u201d"},{"key":"10.1016\/S0740-624X(00)00052-6_BIB8","unstructured":"In response to its charge, the committee selected the three major legislative models that were introduced into the Congressional Record by Senator Orrin Hatch shortly after the committee\u2019s January 1999 workshop. See Congressional Record (January 19, 1999), S. 316. The committee evaluated and compared the major provisions of these three models in arriving at the consensus principles and recommendations presented here. The rationale for each recommended principle or action is contained in Chapter 4. In evaluating the three legislative proposals, the committee was well aware of the fact that they would change further and therefore presented\u201cmoving targets\u201d for the study. It is for this reason that the committee\u2019s recommendations regarding any potential legislation in this area are offered as guiding principles, rather than as specific language for a specific bill."},{"key":"10.1016\/S0740-624X(00)00052-6_BIB9","unstructured":"By\u201cnon-bargained term\u201d the committee means any term, usually contained in a standard form contract, over which, as a practical matter, no actual bargaining by the parties to the contract takes place."}],"container-title":["Government Information Quarterly"],"original-title":[],"language":"en","link":[{"URL":"https:\/\/api.elsevier.com\/content\/article\/PII:S0740624X00000526?httpAccept=text\/xml","content-type":"text\/xml","content-version":"vor","intended-application":"text-mining"},{"URL":"https:\/\/api.elsevier.com\/content\/article\/PII:S0740624X00000526?httpAccept=text\/plain","content-type":"text\/plain","content-version":"vor","intended-application":"text-mining"}],"deposited":{"date-parts":[[2019,4,24]],"date-time":"2019-04-24T22:25:50Z","timestamp":1556144750000},"score":1,"resource":{"primary":{"URL":"https:\/\/linkinghub.elsevier.com\/retrieve\/pii\/S0740624X00000526"}},"subtitle":[],"short-title":[],"issued":{"date-parts":[[2000,10]]},"references-count":9,"journal-issue":{"issue":"4","published-print":{"date-parts":[[2000,10]]}},"alternative-id":["S0740624X00000526"],"URL":"https:\/\/doi.org\/10.1016\/s0740-624x(00)00052-6","relation":{},"ISSN":["0740-624X"],"issn-type":[{"value":"0740-624X","type":"print"}],"subject":[],"published":{"date-parts":[[2000,10]]}}}