Law360 (October 22, 2009, 2:11 PM EDT) -- "Sweat of the Brow" dried up long ago as a viable theory of copyright protection for data and data compilations. Congress has not stepped in to fill the gap; many bills proposing database protection having died in committee. And the courts have diluted the misappropriation doctrine by limiting it solely to "hot news."
But protection still exists. Irrespective of Feist, existing copyright law provides protection for individual data points that qualify as "compilations" under the Copyright Act. This article articulates that protection in the current (post-Feist) copyright regime.
Individual numbers or data points can qualify as "compilations" under the Copyright Act....
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