New York
How Feist Publications, Inc. v. Rural Telephone Service Co. applies in New York: state-specific rules, key cases, and bar exam notes for Intellectual Property.
New York law embraces the principles established in Feist, particularly the requirement of originality for copyright protection. The state follows the same threshold that facts cannot be copyrighted, and database compilations require an element of creativity to obtain protection.
In New York, copyright protection requires a minimum level of creativity in the selection and arrangement of facts, consistent with the Feist decision that protects only original works.
This case held that mere organization of data does not suffice for copyright protection absent an original creative choice of materials.
The court ruled that originality in the selection and arrangement of data is necessary to secure copyright under New York law.
The court reaffirmed that originality and creativity must be present in compilations for New York copyright protection.
New York's application of the Feist principles aligns closely with federal copyright law, wherein the originality of expression, rather than the mere collection of facts, is paramount. Both systems uphold that unoriginal compilations are not eligible for copyright regardless of the jurisdiction.
Understanding the implications of Feist in New York is key for the bar exam, particularly in assessing copyrightability and the originality requirement.