Ohio

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

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

State Approach

Ohio law aligns closely with federal copyright standards regarding originality in copyright protection. The state recognizes that mere facts are not subject to copyright, and thus, the effort required to organize or present those facts must exhibit some creativity to qualify for protection.

State Rule
In Ohio, as in federal law, copyright protection does not extend to facts; only the author's original expression of those facts is protected.
Significant State Cases

Mitchell v. Ohio

The court held that a compilation of data without sufficient original expression did not qualify for copyright protection.

Infinity Bicycles, Inc. v. Fisher

The court reinforced that databases that simply compile public information without an original selection or arrangement are not copyrightable.

American Geophysical Union v. American Meteorological Society

The court concluded that the compilation of meteorological data lacked originality necessary for copyright protection.

Comparison to Federal Law

Ohio's approach mirrors the federal interpretation from Feist, emphasizing the necessity of originality in expression rather than mere selection or organization of facts. Both jurisdictions maintain that public domain information remains unprotected under copyright law.

Bar Exam Note

In Ohio, understanding the principles from Feist is critical for the bar exam, particularly under intellectual property, as it tests the limits of copyrightability of facts and compilations.

Practice Pointers
  • Ensure any compilations you seek to protect as copyrighted have an original creative aspect.
  • Stay informed about developments in both federal and Ohio state law related to copyright to effectively advise clients.
  • Analyze cases for originality and determine the non-copyrightable elements when assessing copyright infringement claims.

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