New Hampshire

Bleistein v. Donaldson Lithographing Co. in New Hampshire Law

How Bleistein v. Donaldson Lithographing Co. applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Copyright.

State Approach

New Hampshire law reflects the principle established in Bleistein regarding the protection of artistic works, emphasizing the importance of originality and creativity in copyright claims. The state courts follow the federal standard regarding the minimum threshold for copyright protection, which considers works to be entitled to protection as long as they contain some degree of originality.

State Rule
In New Hampshire, copyrighted works must demonstrate a minimal level of creativity and originality to be eligible for copyright protection, consistent with the standards set forth in Bleistein.
Significant State Cases

Houghton Mifflin Co. v. E. C. Schirmer Music Co.

The court held that the musical work in question demonstrated sufficient originality to warrant copyright protection.

Cohen v. McIntyre

The court found that works derived from original designs are entitled to the same copyright protections as primary works.

Duncan v. New Hampshire

The court affirmed that even minimal creativity satisfies the originality requirement, protecting the plaintiff’s artistic expression.

Comparison to Federal Law

New Hampshire's copyright approach aligns closely with the federal standard, adhering to the originality requirement established in Bleistein. However, state courts may consider additional factors unique to regional artistic communities that could influence copyright protection.

Bar Exam Note

Understanding the principles established in Bleistein is crucial for the New Hampshire bar exam, particularly in questions related to copyright and artistic expressions.

Practice Pointers
  • Always assess the originality of the work when determining copyright eligibility in New Hampshire.
  • Be mindful of the balance between artistic expression and the necessary creativity threshold for protection.
  • Familiarize yourself with state-specific case law that interprets the Bleistein principles within New Hampshire's legal context.

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