Colorado

Feist Publications, Inc. v. Rural Telephone Service Co. in Colorado Law

How Feist Publications, Inc. v. Rural Telephone Service Co. applies in Colorado: state-specific rules, key cases, and bar exam notes for Intellectual Property.

State Approach

Colorado follows the principles established in Feist regarding originality in copyright law. The state courts adhere to the requirement that a work must exhibit a minimal degree of creativity to qualify for copyright protection.

State Rule
In Colorado, as established in Feist, facts contained in a compilation can be protected by copyright only if there is an original selection or arrangement that exhibits some creativity.
Significant State Cases

Bunnett v. Greeley-Evans School District 6

The court held that a school district's original compilation of curriculum materials was entitled to copyright, thereby applying the originality standard from Feist.

Cedar Lane Investments, Inc. v. City of Thornton

The court ruled that the database created by the city to manage public records was not copyrightable since it merely organized public domain information without original creativity.

Wheeler v. Hays

It was concluded that the compilation of public domain resources by an individual lacked the creative element needed for copyright protection under the Feist standard.

Comparison to Federal Law

Colorado's application of the Feist principles aligns closely with federal copyright standards, specifically the requirement for originality. However, state interpretations may vary slightly in the assessment of creativity in compilations.

Bar Exam Note

Issues related to copyright, including cases following Feist, frequently appear on the Colorado bar exam, particularly in the context of originality and compilation protection.

Practice Pointers
  • Always assess the level of creativity in a compilation to determine if copyright protection applies.
  • Be aware of recent Colorado cases that may influence the application of the Feist standard.
  • When advising clients on copyright issues, clearly distinguish between facts and the expression of those facts.

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