出版社:Centre for Innovation Law and Policy at the University of Toronto, Faculty of Law
摘要:On the one hand, the ¡°sweat of the brow¡± or ¡°industrious collection¡±
school holds that labour or industry, even in the absence of
creativity, may be sufficient to make out a finding of originality
for copyright purposes. For example, the labour invested in the
collection of the information that makes up an ordinary phone
directory is, on this view, sufficient to give rise to copyright protection.
The phone directory is original in the sense that it was
not copied from another person¡¯s work. The fact that the production
of an alphabetically arranged phone directory is a merely
mechanical and automatic task requiring no creativity does
not affect the directory¡¯s copyrightability.