Missouri
How Bleistein v. Donaldson Lithographing Co. applies in Missouri: state-specific rules, key cases, and bar exam notes for Copyright.
Missouri law mirrors the principles established in Bleistein v. Donaldson Lithographing Co., particularly emphasizing the importance of originality in copyright claims. The state's courts recognize the protection of artistic works irrespective of their commercial value.
In Missouri, a copyrightable work must exhibit a minimal degree of creativity and originality, which is assessed through subjective artistic merit rather than market value.
Missouri courts held that factual compilations can be protected if they exhibit originality in their selection and arrangement.
The court ruled that the originality standard is met if a work showcases the author’s creative choices and intellectual effort.
The court upheld the notion that copyright protects the expression of ideas, provided there is sufficient originality.
Missouri's approach aligns with the federal standard, largely adhering to the doctrine that any originality suffices for copyright eligibility. However, Missouri courts may emphasize the subjective nature of creativity more acutely compared to other jurisdictions.
Copyright principles including the originality requirement from Bleistein v. Donaldson Lithographing Co. may appear in Missouri bar exam questions, particularly in the context of artistic works.