North Dakota
How Feist Publications, Inc. v. Rural Telephone Service Co., Inc. applies in North Dakota: state-specific rules, key cases, and bar exam notes for Copyright.
North Dakota follows the federal copyright standards set forth in Feist Publications, applying the same originality requirement to copyrightable works. The state courts generally adopt the principle that facts alone cannot be copyrighted and only the original expression of those facts is protectable.
In line with Feist, North Dakota law recognizes that copyright protection does not extend to the facts or information themselves, but only to the original compilation or expression of those facts.
The North Dakota Supreme Court affirmed that while compilations can be protected, the underlying facts involved cannot be, consistent with the holdings in Feist.
This case reaffirmed the principle that originality in selection or arrangement is fundamental in copyright claims within the state.
The court held no copyright subsists in factual compilations without sufficient originality, a direct application of the Feist standard.
North Dakota's approach to copyright aligns closely with federal law as established in Feist. There are no significant statutory differences between state and federal interpretations regarding the originality requirement for copyrightable works.
Candidates should be familiar with the implications of Feist regarding originality in copyright, as it can appear in questions on the North Dakota bar exam, particularly concerning compilations of facts.