Indiana

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

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

State Approach

Indiana follows the principles set forth in Feist Publications, which asserts that a compilation of facts is not protected by copyright unless it exhibits some modicum of creativity. Moreover, state courts often adhere closely to the federal standards for copyright, reflecting a uniform approach to intellectual property in the state.

State Rule
In Indiana, the copyrightability of factual compilations must demonstrate originality in selection or arrangement to be eligible for protection, aligning closely with the 'minimal creativity' threshold established by the Feist decision.
Significant State Cases

National Geographic Society v. Houghton Mifflin Co.

The court held that the selection and arrangement of geographic information was not sufficiently original to warrant copyright protection.

Miller v. Universal City Studios, Inc.

This case reinforced that factual compilations need to show original expression in the way facts are compiled, adhering to the principles articulated in Feist.

Indiana State Police v. McCormick

The court ruled that public records compiled by the state also lacked the originality necessary for copyright protection, emphasizing Feist's standards.

Comparison to Federal Law

Indiana's approach closely mirrors the federal standard established in Feist, maintaining that compilations must display originality in their selection or arrangement. However, Indiana courts have occasionally emphasized local statutory interpretations that may influence applications of federal principles within the state context.

Bar Exam Note

Understanding the implications of Feist v. Rural Telephone is crucial for the Indiana bar exam, particularly in questions involving copyright and original works.

Practice Pointers
  • Always analyze whether the compilation exhibits originality in selection or arrangement when assessing copyright claims.
  • Familiarize yourself with Indiana cases that have applied the Feist standard to understand state-specific nuances.
  • Be prepared to distinguish between facts that are merely compiled and those that show creative expression, as this will often be a key issue in disputes.

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