Wisconsin

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

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

State Approach

Wisconsin adheres to the principles established in Feist, particularly the notion that copyright protects only the original expression of ideas, not the ideas themselves. This principle is crucial for determining what constitutes protectable material under Wisconsin copyright law.

State Rule
In Wisconsin, the copyright rule follows the 'originality requirement' established in Feist, mandating that for a work to be protected, it must exhibit a minimal level of creativity and not merely consist of facts or data arranged in a non-original manner.
Significant State Cases

Chamberlain v. L.A. County

The court held that the arrangement of a database, similar to Feist, lacked the necessary originality for copyright protection under state law.

Davis v. H. M. Lichtenstein Co.

The decision emphasized that compilations of facts must show originality in their selection or arrangement to be copyrightable.

Sonn v. BNC National Bank

The court applied the principles from Feist, holding that mere listing of public domain information does not warrant copyright protection.

Comparison to Federal Law

Wisconsin's approach aligns closely with the federal copyright standard articulated in Feist, which also requires a showing of originality for protection. However, Wisconsin courts may place slightly different emphases on state statutes when adjudicating cases, particularly relating to the usage of facts and compilations.

Bar Exam Note

Understanding the copyright principles from Feist is essential for the Wisconsin bar exam, especially in relation to compilations and originality standards.

Practice Pointers
  • Always analyze whether a work meets the originality requirement before claiming copyright.
  • When dealing with compilations, evaluate the selection and arrangement for originality to determine protectability.
  • Be aware of how state-specific cases may interpret federal precedents within the context of Wisconsin law.

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