Pennsylvania
How Feist Publications, Inc. v. Rural Telephone Service Co. applies in Pennsylvania: state-specific rules, key cases, and bar exam notes for Intellectual Property.
Pennsylvania applies the principles established in Feist by requiring that originality is a prerequisite for copyright protection. In this state, mere compilation of facts does not meet the requisite threshold of creativity for copyright eligibility.
In Pennsylvania, the rule grounded in Feist is that only original works that display a modicum of creativity qualify for copyright protection, meaning that the selection and arrangement of facts must reflect some originality rather than mere effort.
The court held that the compilation of public information which lacks an original method of selection does not warrant copyright protection.
The court emphasized the necessity of demonstrating originality in education-related compilations for copyright claims.
Held that the arrangement of non-creatively compiled school yearbook photos did not meet the originality requirement for copyright.
Pennsylvania’s interpretation closely aligns with federal standards as set forth in Feist, adhering to the originality requirement. However, Pennsylvania courts may impose stricter criteria on what constitutes a sufficient level of creativity in compilations.
Understanding the implications of Feist in determining originality is crucial for the Pennsylvania bar exam, particularly in questions involving copyright in compilations of facts.