Sweat of the brow
From The Art and Popular Culture Encyclopedia
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| + | "Under the "[[sweat of the brow]]" doctrine, new [[copyright]] claims could be made over [[mechanical reproduction]]s of the painting, due to the skill and labor involved in the reproduction."--Sholem Stein | ||
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| - | :"The [[United States]] is fortunate (or maybe unfortunate if you are a world class library) to have [[Bridgeman v. Corel]] (for now, at least), but in most countries, a "[[sweat of the brow]]" doctrine means that whoever [[Image scanner |scan]]s the pages of a rare book can claim copyright on the scans, even if the original is [[public domain]]."[http://ragesossscholar.blogspot.com/2007/10/bibliodyssey-on-commons.html] | + | "'''Sweat of the brow'''" is an [[intellectual property]] [[Legal doctrine|law doctrine]], chiefly related to [[copyright]] law. According to this doctrine, an [[author]] gains rights through simple diligence during the creation of a work, such as a database, or a directory. Substantial creativity or "originality" is not required. |
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| - | In a traditional [[English idiom]], the '''''sweat of one's brow''''' refers to the effort expended in labor, and the value created thereby. The [[intellectual property]] law doctrine referred to in English as "'''sweat of the brow'''", which relates chiefly to [[copyright]] law, takes its name from this idiom. | + | |
| + | Under a "sweat of the brow" doctrine, the creator of a copyrighted work, even if it is completely unoriginal, is entitled to have his effort and expense protected, and no one else may use such a work without permission, but must instead recreate the work by independent research or effort. The classic example is a [[telephone directory]]. In a "sweat of the brow" jurisdiction, such a directory may not be copied, but instead a competitor must independently collect the information to issue a competing directory. The same rule generally applies to databases and lists of facts. | ||
| + | [[Civil law (legal system)|Civil law]] jurisdictions have traditionally used the similar but not identical concept of [[droit d'auteur]]. [[European law]] tend to harmonize the protection of Intellectual Property throughout member states and the doctrine gains more influence. A good example is the Databases Directive 96/9/EC - in this Directive, the [[Member State of the European Union|member states of the EU]] are obliged to confer protection on non-original databases, that is on those that embody no creativity, but are a consequence of substantial investment (financial, labour etc.). | ||
| ==See also== | ==See also== | ||
| + | *[[Bridgeman Art Library v. Corel Corp. ]] | ||
| *[[labour theory of value]] | *[[labour theory of value]] | ||
| *[[sweat equity]] | *[[sweat equity]] | ||
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"Under the "sweat of the brow" doctrine, new copyright claims could be made over mechanical reproductions of the painting, due to the skill and labor involved in the reproduction."--Sholem Stein |
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"Sweat of the brow" is an intellectual property law doctrine, chiefly related to copyright law. According to this doctrine, an author gains rights through simple diligence during the creation of a work, such as a database, or a directory. Substantial creativity or "originality" is not required.
Under a "sweat of the brow" doctrine, the creator of a copyrighted work, even if it is completely unoriginal, is entitled to have his effort and expense protected, and no one else may use such a work without permission, but must instead recreate the work by independent research or effort. The classic example is a telephone directory. In a "sweat of the brow" jurisdiction, such a directory may not be copied, but instead a competitor must independently collect the information to issue a competing directory. The same rule generally applies to databases and lists of facts.
Civil law jurisdictions have traditionally used the similar but not identical concept of droit d'auteur. European law tend to harmonize the protection of Intellectual Property throughout member states and the doctrine gains more influence. A good example is the Databases Directive 96/9/EC - in this Directive, the member states of the EU are obliged to confer protection on non-original databases, that is on those that embody no creativity, but are a consequence of substantial investment (financial, labour etc.).
See also
