Maryland

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

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

State Approach

Maryland adheres to the principles established in Feist by requiring an original work of authorship to contain a minimal amount of creativity to qualify for copyright protection. The state's copyright laws are generally aligned with federal standards, particularly in addressing the originality requirement.

State Rule
In Maryland, a compilation is not protected by copyright unless it exhibits a modicum of creativity or original authorship in its selection or arrangement.
Significant State Cases

Shaw v. Merritt

The court held that the selection and arrangement of materials can qualify for copyright if it demonstrates original thought and creativity.

Keystone v. Houghton Mifflin

This case reaffirmed that mere factual compilations without originality cannot be copyrighted, consistent with the Feist ruling.

Gordon v. McCarthy

The court found that the work at issue lacked sufficient creativity to warrant copyright protection, echoing the Feist requirement for originality.

Comparison to Federal Law

Maryland's approach closely mirrors the federal standard as articulated in Feist Publications, emphasizing the necessity of originality in compilations. Like the federal system, Maryland courts require that a creative threshold be met, which prevents the copyrighting of mere facts or data.

Bar Exam Note

The principles from Feist are often tested in copyright law sections of the Maryland bar exam, highlighting the originality requirement.

Practice Pointers
  • When advising clients on copyright protection, ensure any compilations they create exhibit original selection or arrangement.
  • Be mindful of both state and federal copyright laws as they largely overlap regarding originality and creativity criteria.
  • Review Chesapeake copyright cases for insights into court interpretations on originality and compilation copyright claims.

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