Sweat of the brow

Sweat of the brow is a copyright law doctrine. 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 work, even if it is completely unoriginal, is entitled to have that effort and expense protected; 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.

According to the Databases Directive 96/9/EC, member states of the EU are obliged to confer protection known as the database right on non-original databases, that is on those that embody no creativity, but are a consequence of substantial investment (financial, labour etc.). It is an infringement when a person without consent "extracts or re-uses all or a substantial part of the contents of the database". ^[1]