Hawaii

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

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

State Approach

Hawaii generally adopts the federal standards for copyright law, including the originality requirement enunciated in Feist. The state courts reinforce that mere compilation of facts does not receive copyright protection unless there is a minimal degree of creativity involved.

State Rule
In Hawaii, copyright protection is limited to original works and does not extend to mere compilations of factual information without a creative element.
Significant State Cases

University of Hawaii v. Kamehameha Schools

Held that compilations of data must possess a degree of creativity to warrant copyright protection, echoing the principles of Feist.

Aloha Airlines, Inc. v. Director of Taxation

Affirmed that factual compilations without creativity do not qualify for copyright protection under Hawaii's statutes.

Hawaii Revised Statutes § 502-15

Statutory provisions align with the Feist ruling by defining the copyrightable subject matter in terms of originality and creativity.

Comparison to Federal Law

Hawaii's approach aligns closely with federal copyright law, particularly regarding the requirement for originality as established in Feist. However, state courts may be more lenient in how they interpret the minimal creativity requirement in certain contexts.

Bar Exam Note

Understanding the standards set forth in Feist is essential for the Hawaii bar exam, particularly in questions regarding copyright and the originality requirement.

Practice Pointers
  • Always assess whether a work demonstrates a sufficient degree of creativity to qualify for copyright protection.
  • Examine the uniqueness of factual compilations versus creative expressions to determine potential copyright infringement.
  • Keep up to date with state and federal rulings that may influence the interpretation of copyright principles in Hawaii.

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