The sweat-of-the-brow doctrine, which once allowed copyrights to protect effort and investment in creating something, even if it lacked originality, was overturned by the Supreme Court in 1991 in the case Feist Pubs., Inc. v. Rural Tel. Servs. Co. Copyrights now only protect truly original and creative works.
The sweat-of-the-brow doctrine was a principle that used to state that copyrights could protect the hard work and financial investment put into creating a work, rather than solely the originality of the work itself. For instance, if someone dedicated significant time and effort to compile a phone book, they could assert copyright protection for it, even if the information in the phone book was not original. However, in 1991, the Supreme Court rejected this doctrine in the Feist Pubs., Inc. v. Rural Tel. Servs. Co. case. The court ruled that copyright protection should only be granted to works that are both original and creative, rather than solely based on the effort required to create them. For example, if someone captures a photograph of a famous landmark, they cannot claim copyright protection solely because they invested considerable time and money in traveling to the location and setting up the shot. The photograph must possess originality and creativity to be eligible for copyright protection under the law.
The Sweat-Of-The-Brow Doctrine is a legal principle that recognizes the intellectual effort and skill put into creating a work, even if it lacks originality, and grants limited protection to such works.
The Sweat-Of-The-Brow Doctrine primarily applies to compilations or databases that require substantial effort, time, and resources to create, such as directories, catalogs, or databases.
No, the Sweat-Of-The-Brow Doctrine provides a lower level of protection compared to copyright. It protects the effort and investment put into creating a work, but not the originality or creativity of the work itself.
While the Sweat-Of-The-Brow Doctrine grants some protection, it does not prevent others from using or copying the factual information contained in the work. However, they cannot directly copy the organisation or arrangement of the work.
The protection under the Sweat-Of-The-Brow Doctrine is generally limited and does not have a specific duration. It lasts as long as the effort and investment put into creating the work remain significant.
No, copyright protection cannot be claimed for a work protected under the Sweat-Of-The-Brow Doctrine. Copyright requires originality, creativity, and expression, which are not necessary for protection under this doctrine.
No, the factual information contained in a work protected under the Sweat-Of-The-Brow Doctrine is not protected. Others can freely use or copy the factual information, but they cannot copy the specific organisation or arrangement of the work.
Yes, you can license or sell the rights to a work protected under the Sweat-Of-The-Brow Doctrine. However, the rights being transferred or licensed are limited to the effort and investment put into creating the work, not the originality or creativity.
Yes, you can enforce your rights under the Sweat-Of-The-Brow Doctrine in court if someone directly copies the organisation or arrangement of your work without permission. However, proving infringement can be challenging as the protection is limited.
The Sweat-Of-The-Brow Doctrine is primarily recognized in the United States. Other countries may have similar principles, but the level of protection and recognition may vary. It is advisable to consult local laws for specific jurisdictions.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
To help you cite our definitions in your bibliography, here is the proper citation layout for the three major formatting styles, with all of the relevant information filled in.
- Page URL:https://dlssolicitors.com/define/sweat-of-the-brow-doctrine/
- Modern Language Association (MLA):Sweat-Of-The-Brow Doctrine. dlssolicitors.com. DLS Solicitors. May 09 2024 https://dlssolicitors.com/define/sweat-of-the-brow-doctrine/.
- Chicago Manual of Style (CMS):Sweat-Of-The-Brow Doctrine. dlssolicitors.com. DLS Solicitors. https://dlssolicitors.com/define/sweat-of-the-brow-doctrine/ (accessed: May 09 2024).
- American Psychological Association (APA):Sweat-Of-The-Brow Doctrine. dlssolicitors.com. Retrieved May 09 2024, from dlssolicitors.com website: https://dlssolicitors.com/define/sweat-of-the-brow-doctrine/
Our team of professionals are based in Alderley Edge, Cheshire. We offer clear, specialist legal advice in all matters relating to Family Law, Wills, Trusts, Probate, Lasting Power of Attorney and Court of Protection.
All author posts