Wisconsin

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

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

State Approach

Wisconsin law closely aligns with the principles established in Feist, particularly in reinforcing the requirement of originality for copyright protection. The state recognizes that mere compilation of facts does not warrant copyright unless there is a demonstrated creative expression involved.

State Rule
Wisconsin courts require that a work possess some degree of creativity or originality in its arrangement or presentation to qualify for copyright, following the precedent set in Feist.
Significant State Cases

Beloit All-Care Center, Inc. v. Aiken

The Wisconsin Supreme Court held that the arrangement and selection of data in a directory required originality to merit copyright.

Palladium Music, Inc. v. Muir

The court ruled that broad compilations of facts without creative input are not protected under Wisconsin copyright law.

Minnesota Mining & Manufacturing Co. v. D.A. Libby, Inc.

The court reiterated that copyright does not extend to facts themselves, but only to the original expression of those facts.

Comparison to Federal Law

Wisconsin's approach mirrors the federal standard established by Feist, reinforcing the originality requirement for copyright protection. However, Wisconsin courts may place additional emphasis on the specific creativity or selection process beyond mere mechanical collections of data.

Bar Exam Note

Questions related to copyright law, particularly concerning originality and the nature of compilations, may arise in the Wisconsin bar exam, making familiarity with Feist essential.

Practice Pointers
  • Always assess whether the work possesses sufficient originality or creativity before pursuing copyright protection.
  • Familiarize yourself with cases in Wisconsin that interpret originality in data compilations to navigate potential copyright claims effectively.
  • When compiling factual information, ensure your presentation reflects a unique arrangement that could meet the creativity threshold under Wisconsin's copyright standards.

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