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Title: Proprietary Rights or Common Property? — The Dilemmas of Copyright Protection of Case-Law Reporters
Authors: Tiwari, Anu
Rajan, Shruti S
Keywords: Case-law reporters
proprietary rights
Issue Date: Jan-2006
Publisher: CSIR
Abstract: Law reporters have long been an integral part of the legal fraternity, being the principal source of communicating judicially evolved laws; forming fundamental basis for academic research as well as locating precedents within the litigation arena. Their enhanced electronic availability has led to obvious questions regarding their ambiguous status under copyright legislations, both with respect to protection afforded for individual components like headnotes, indices, etc., as well as of the entire reporter. Such deadlocks in statutory law have spawned extensive litigation in countries like US, Canada, UK, India, etc. In an attempt to put forth a comparative legal analysis, this paper looks into foreign jurisdictions to unravel the flux in the Indian copyright law on law reporters, preceded by a cursory understanding of macrocosmic standards of originality and the consequent qualification for copyright protection. The paper concludes with an assessment of the various reasons for which law reporters must be accorded copyright or some other form of proprietary rights over their databases, thereby assisting in the proliferation of technically superior reporters.
Page(s): 33-42
ISSN: 0971-7544
Source:JIPR Vol.11(1) [January 2006]

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