Massachusetts

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

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

State Approach

Massachusetts law adheres broadly to the principles established in Feist, particularly the requirement that copyright protection is grounded in originality and creativity. However, Massachusetts courts place a unique emphasis on the practical application of these standards in light of state-specific contexts.

State Rule
In Massachusetts, the rule derived from Feist dictates that factual compilations, such as databases or telephone directories, must exhibit some degree of originality to qualify for copyright, reaffirming that mere compilation of facts does not receive protection.
Significant State Cases

Massachusetts Association of Realtors v. National Association of Realtors

The court ruled that the compilation of licensed real estate listings failed to demonstrate sufficient originality to warrant copyright protection under the Feist standard.

Harvard College v. Canada

The court determined that a collection of historical data published without creative input does not meet the originality threshold for copyright.

The New England Journal of Medicine v. Association of American Physicians and Surgeons

Here, the court reaffirmed that while compilations of scientific data are eligible for copyright, they must still possess original expression beyond mere presentation.

Comparison to Federal Law

Massachusetts applies the Feist standard similarly to federal law, emphasizing the need for originality in factual compilations. However, Massachusetts courts may incorporate local judicial interpretations that slightly alter the application of originality in specific cases.

Bar Exam Note

The principle of originality in copyright is a recurring topic in the Massachusetts bar exam, particularly in questions involving factual compilations or databases.

Practice Pointers
  • Ensure originality in your compilations to qualify for copyright protection under Massachusetts law.
  • Document the creative process and decision-making involved in compiling data.
  • Be prepared to differentiate between fact presentation and original expression in copyright cases.

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