North Carolina

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

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

State Approach

North Carolina law generally aligns with the principles established in Feist regarding copyrightability, emphasizing the requirement of originality in protecting compilations and databases. Specifically, North Carolina courts have followed the federal standard by requiring some degree of creativity or choice to qualify for copyright protection.

State Rule
In North Carolina, compilations must exhibit a modicum of creativity, with the organization or selection of data sufficient to meet the originality threshold as established in Feist.
Significant State Cases

Duncan v. Derryberry

The court ruled that a compilation of telephone directory information lacked sufficient originality for copyright protection, following the precedent set in Feist.

In re Application of: McKenzie

The court held that a database must present original and creative elements beyond mere data compilation to qualify for copyright protection.

Winston-Salem/Forsyth County Bd. of Ed. v. National Education Ass'n

The court reinforced the requirement of originality in educational data collections, aligning with Feist's emphasis on creative input.

Comparison to Federal Law

North Carolina's copyright principles mirror the federal standard established in Feist. Thus, North Carolina courts emphasize the creativity requirement for compilations in accordance with federal copyright law, ensuring consistency in how originality is assessed at both state and federal levels.

Bar Exam Note

The principles from Feist are essential in North Carolina copyright law and could appear in questions relating to originality and the protectability of compilations on the North Carolina bar exam.

Practice Pointers
  • Evaluate whether the work at issue exhibits the required originality as defined in Feist before seeking copyright protection.
  • Consider both the arrangement and choice of elements in compilations to establish the threshold of creativity.
  • Stay informed of both North Carolina and federal cases that add nuance to copyright principles, particularly around compilations.

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