Open Platform: What to Expect When You’re Indexing

Members of law firm Ropes & Gray's intellectual property team discuss the legal precedents behind licensing disputes, and share advice on how firms should treat datasets that might contain copyrightable IP.

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Recent years have seen an uptick in licensing as market data providers actively seek to enforce intellectual property rights in data and indexes. While legal protections for these rights are uncertain, investment managers, exchanges, and other financial service providers should consider the potential risks of using market data and indexes without their owners’permission.

What rights do the providers have to their market data and financial indexes? The US Supreme Court held in the 1991 case Feist

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