Delaware
How Feist Publications, Inc. v. Rural Telephone Service Co. applies in Delaware: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Delaware law follows the federal standard set forth in Feist Publications, Inc. v. Rural Telephone Service Co., maintaining that facts are not copyrightable and only original expressions of ideas can be protected. This aligns with the principle of originality emphasized in the case.
In Delaware, copyright protection requires originality and creativity. The work must exhibit more than minimal creativity, and compilations of facts originate no copyright protection unless they display a recognizable creative selection or arrangement.
The court held that compilations of factual data are not copyrightable without a showing of originality in selection or arrangement.
The court reaffirmed the non copyrightability of numbers and facts as established in Feist, distinguishing them from creative works.
The case clarified the boundaries of copyright protection post-Feist by emphasizing that only expressive elements that involve creativity are protected.
Delaware mirrors the federal approach when it comes to the principles established in Feist, particularly the emphasis on the originality of expression versus the copyrightability of facts. Both jurisdictions require that any creative selection or arrangement must exhibit a sufficient level of originality to warrant protection.
Students should be aware that the principles of originality and non-protectability of facts from Feist are crucial in copyright law questions on the Delaware Bar Exam.