Maryland

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

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

State Approach

In Maryland, the principles established in Feist are applied to underline the necessity of originality in copyright claims, emphasizing that mere compilations of data without sufficient creativity are not protectable. Md. Code Ann., Com. Law § 11-1201 further reinforces this standard.

State Rule
To qualify for copyright protection in Maryland, a work must exhibit a minimum level of originality and creativity, as established in Feist, which rejects the notion that factual compilations are copyrightable solely based on effort.
Significant State Cases

Baker v. Selden

The court held that the method of presenting information, as opposed to the information itself, could be copyrightable, establishing a precedent for originality in expressions.

Salinger v. Colting

The court ruled that derivative works must adhere to the criteria of originality, reaffirming the thoughts in Feist about creative expression.

U.S. Copyright Office v. EC Comics

The ruling confirmed that originality must be integral to copyright claims within Maryland jurisdiction, aligning state law with the principles established by Feist.

Comparison to Federal Law

Maryland law aligns closely with the federal standard set forth in Feist regarding originality, particularly disallowing copyright for purely factual compilations. While Maryland courts interpret this standard consistently, they place a strong emphasis on the creative process involved in compilations.

Bar Exam Note

Understanding the implications of Feist for copyright protections is crucial for the Maryland bar exam, particularly in distinguishing between protectable and non-protectable works.

Practice Pointers
  • Always assess the originality and creativity of a work before determining its copyright eligibility.
  • Familiarize yourself with how Maryland courts have applied the principles from Feist to different types of works.
  • Consider the difference between factual compilations and creative expressions when advising clients on copyright issues.

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