Delaware
How Feist Publications, Inc. v. Rural Telephone Service Co. applies in Delaware: state-specific rules, key cases, and bar exam notes for Copyright.
Delaware follows the federal interpretation of copyright law as established in Feist Publications, reinforcing that factual compilations lack copyright protection unless they include a minimal degree of creativity. The state courts have mirrored this principle, emphasizing originality as a requisite for copyright eligibility.
In Delaware, similar to federal law, copyright protection does not extend to purely factual compilations unless the arrangement or presentation is sufficiently original.
The court reaffirmed that original selection and arrangement are needed to achieve copyright protection for a factual database.
The court ruled that a compilation of news articles lacked originality, thus not constituting copyrightable material.
This case emphasized the need for creativity in collecting and collating facts for copyright protection.
Delaware’s application of the principles from Feist aligns closely with the federal standard, particularly in recognizing the necessity of creative expression in factual compilations. The state courts exhibit a consistent adherence to Feist's rationale without deviations from the federal approach.
Understanding Feist's principles is crucial for Delaware bar exam candidates, especially regarding copyright protection and the originality standard essential for factual works.