New Hampshire
How Feist Publications, Inc. v. Rural Telephone Service Co., Inc. applies in New Hampshire: state-specific rules, key cases, and bar exam notes for Copyright.
New Hampshire law adheres closely to the federal standards for copyright, particularly the originality requirement as established by Feist. This state recognizes that mere compilation without creative input is insufficient for copyright protection.
In New Hampshire, to be copyrightable, a work must exhibit a minimal degree of creativity and originality, following the precedent set in Feist.
The court held that the presentation of public records without originality does not merit copyright protection, aligning with Feist's standards.
This case emphasized that factual compilations are not protected unless they contain an original expression.
The court reaffirmed that compilations lacking creativity in arrangement or selection are not copyrightable.
New Hampshire's application of copyright law mirrors the federal standard set forth in Feist. Both maintain that factual compilations without original creativity fail to qualify for copyright, though New Hampshire may have a more explicit focus on state precedents in minor cases.
Candidates should understand how to apply the originality requirement in copyright cases; the principles from Feist are relevant to understanding New Hampshire's stance and could appear on the bar exam.