Colorado
How Feist Publications, Inc. v. Rural Telephone Service Co., Inc. applies in Colorado: state-specific rules, key cases, and bar exam notes for Copyright.
Colorado law generally adopts the principles stated in Feist, emphasizing the necessity of originality in copyrightable works. The state courts align with the federal interpretation that facts, database compilations, and informational arrangements which lack novelty are not eligible for copyright protection.
In Colorado, the originality requirement established by Feist means that only those elements of a work that exhibit creative expression are protectable; facts and basic data sets are not subject to copyright.
Held that the mere arrangement of data does not constitute originality warranting copyright protection.
Clarified that to protect software codes, there must be evidence of originality beyond the mere functionality of the code.
Emphasized that collections and databases without original input or creative selection lack copyright protection under Colorado law.
Colorado courts follow the federal standard laid out in the Berne Convention and the Copyright Act, reflecting a similar interpretation of originality and the facts of Feist. The state has not developed significantly divergent doctrine, keeping its copyright principles in line with federal precedents.
Understanding Feist's implications on originality is crucial for the Colorado bar exam, as it frequently examines concepts of copyright protection and originality.