South Carolina
How Feist Publications, Inc. v. Rural Telephone Service Co. applies in South Carolina: state-specific rules, key cases, and bar exam notes for Intellectual Property.
In South Carolina, the principles established in Feist have been largely adopted, emphasizing that mere compilation or organization without originality does not qualify for copyright protection. South Carolina courts have focused on the originality requirement when assessing claims of infringement related to factual compilations.
In South Carolina, a compilation must exhibit a minimal degree of creativity and originality, beyond mere alphabetical or systematic arrangement of facts, to qualify for copyright protection.
The court held that the arrangement of public domain information without original expression does not warrant copyright protection.
The court determined that the selection and arrangement of facts must demonstrate originality for copyright claims to succeed.
The decision reinforced the principle that compilations of public information lack copyright protection unless they involve creative expression.
South Carolina’s approach aligns with the federal standard that copyright protection requires originality but has been subject to state-specific interpretations regarding compilations. While federal courts emphasize the threshold of creativity, South Carolina cases have uniquely highlighted the importance of factual presentation without creative expression.
Questions on the bar exam may test on the originality requirement in copyright law, referencing cases like Feist and related state cases.