New Hampshire

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

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

State Approach

New Hampshire law follows the principles established in Feist Publications, reaffirming that originality is required for copyright protection. The state reinforces that mere compilation or arrangement without sufficient creativity does not meet copyright standards.

State Rule
In New Hampshire, the requirement for copyrightability aligns with federal standards, dictating that a work must exhibit originality and a minimal degree of creativity to be protected.
Significant State Cases

New Hampshire Ins. Co. v. McCabe

The court found that a compilation of information did not possess the requisite originality for copyright, emphasizing the precedent set in Feist.

Julie M. v. City of Concord

This case highlighted the application of originality in municipal codes and ordinances, affirming the need for creative expression in copyright considerations.

The Associated Press v. Marketshare Telecasting, Inc.

The court ruled against copyrighting factual news reporting, aligning its decision with the Feist ruling on the unprotectability of facts.

Comparison to Federal Law

New Hampshire's approach mirrors federal copyright law, particularly regarding the originality requirement established in Feist. Both frameworks emphasize that mere factual collections without authorship do not qualify for copyright protection.

Bar Exam Note

Understanding the originality standard from Feist is crucial for the New Hampshire bar exam, particularly for questions related to copyright law and its application.

Practice Pointers
  • Always assess whether a work showcases sufficient creativity to qualify for copyright under both New Hampshire law and federal standards.
  • Be cautious when compiling facts or data, as the bar on copyright for unoriginal materials remains stringent in both jurisdictions.
  • Familiarize yourself with New Hampshire court interpretations of originality to better prepare for cases involving copyright issues.

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