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The CJEU’s recognition of the added value for customers that content aggregators can create, and the refined and subtle (while perhaps not totally clear) balancing act suggested by the decision, makes CV-Online Latvia an important addition to the CJEU’s databaseright jurisprudence.
With a focus on EU and US approaches to the issue, Musker suggests arguments that may be useful to litigants in similar situations. The authors look at the issue from the perspective of US and EU approaches to database protection. Sundara Rajan devotes Chapter 11 to the overlap between moral and economic rights of authors.
Minimize databaserights to favour access to and use of digital works. National policymakers should review existing sui generis databaserights or similar rights, when they exist, in order to avoid limiting access and use of public domain works. Proposal 4. Proposal 9.
The last source, scraping internet data, has been the most controversial so far and given rise to concerns from both intellectual property and data protection perspectives, and nascent litigation in various jurisdictions when the scraping has been done without permission of the copyright/databaseright holders.
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