Utah

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

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

State Approach

Utah aligns closely with the principles established in Feist, emphasizing the requirement of originality and creativity for copyright protection. The state follows the federal standard, reinforcing that mere compilations of facts do not qualify for copyright unless they involve an original selection or arrangement.

State Rule
In Utah, copyright law requires that for a work to be protected, it must exhibit a minimal level of creativity and originality beyond mere factual compilation, consistent with the Feist standard.
Significant State Cases

Gordon v. State of Utah

The court affirmed that compilations lacking creative selection or arrangement do not warrant copyright protection.

Eagle v. Axiom Design

This case highlighted the distinction between protectable creative works and non-protectable mere assemblages of information.

Parker v. Utah Symphony

The court ruled that while performance aspects could gain copyright, underlying factual elements remained unprotected as per Feist.

Comparison to Federal Law

Utah's approach mirrors federal copyright law, particularly in the application of the originality requirement as articulated in Feist. Both systems deny copyright protection for purely factual compilations unless they exhibit some level of creative expression.

Bar Exam Note

Understanding the principles from Feist is essential for the Utah bar exam, particularly in tackling questions related to copyright infringement and originality.

Practice Pointers
  • Always analyze whether the work shows original expression, not just factual collection.
  • Consider recent Utah cases that expand on or clarify Feist principles for relevant context.
  • Be prepared to differentiate between copyrightable original works and non-copyrightable facts in exam scenarios.

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