Ohio

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

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

State Approach

Ohio law follows the principles established in Feist, emphasizing that originality requires more than mere effort or labor. It aligns with the requirement that a work must display a minimal degree of creativity to qualify for copyright protection.

State Rule
Under Ohio law, the threshold for originality as set forth in Feist is applied, requiring that a compilation or database offers some original selection or arrangement of information to be eligible for copyright protection.
Significant State Cases

Data General Corp. v. A.P. Moller-Maersk A/S

The court held that a database compilation lacking original selection or arrangement does not qualify for copyright protection under Ohio law.

Kurzweil Music Sys., Inc. v. P.S. Corp.

The court affirmed that mere data collection does not suffice for copyright if the selection and arrangement do not contain necessary creativity as mandated by Feist.

McGraw-Hill Global Education Holdings, LLC v. B.E. Publishing, LLC

The court ruled that originality in educational materials must meet the standards derived from Feist, rejecting claims based solely on factual data presentation.

Comparison to Federal Law

Ohio's approach mirrors the federal standard established in Feist, focusing on the necessity of originality rather than the amount of effort invested. The courts in Ohio consistently apply the same principles as federal courts regarding copyright protection for compilations.

Bar Exam Note

Understanding the implications of the Feist ruling is essential for the Ohio bar exam, especially in questions assessing copyright eligibility and originality requirements.

Practice Pointers
  • Always establish the originality of a work before asserting copyright claims in Ohio.
  • Evaluate the selection and arrangement of data or compilations to meet the original expression standard.
  • Be prepared to differentiate between factual data and protectable creative expression in copyright cases.

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