Pennsylvania

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

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

State Approach

In Pennsylvania, the principles established in Feist are applied to determine originality in copyright protection, focusing on whether a work has the requisite level of creativity and is not merely a compilation of facts. The state courts recognize the same baseline requirement of originality as articulated in the Feist decision.

State Rule
In Pennsylvania, a copyrightable work must contain an original expression of ideas, rather than a mere listing of facts, as established in Feist Publications v. Rural Telephone Service.
Significant State Cases

Softel v. Dragon Medical & Scientific Communications

The court emphasized that mere compilation of data without originality does not warrant copyright protection.

Davis v. WJLA-TV, Inc.

The Pennsylvania court held that the format of a news broadcast may receive protection if it involves significant original creative input.

Ateliers Hugo Dumas, Inc. v. PNC Financial Services Group, Inc.

The court ruled that copyright may protect the arrangement and presentation of factual material under the Feist standard.

Comparison to Federal Law

Pennsylvania adheres to the federal standard of originality as established in Feist, meaning that a work must exhibit creative expression to qualify for copyright. However, Pennsylvania courts may sometimes emphasize the practical effects of originality more explicitly, potentially creating a nuanced approach in the application of the law at the state level.

Bar Exam Note

Understanding the Feist decision is essential for the Pennsylvania bar exam, particularly in questions related to copyright law and originality.

Practice Pointers
  • Always assess the originality of a work before determining its copyright eligibility.
  • Be familiar with both federal and state precedents regarding copyright infringement.
  • Include discussions of creative expression versus mere factual compilation in copyright analyses.

Master State-Specific Law with Briefly

Get AI-powered state case analyses, bar exam prep, and comprehensive study tools.