Illinois

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

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

State Approach

Illinois courts follow the Feist principle that factual compilations are not eligible for copyright unless they demonstrate some minimal degree of creativity. This means that mere data collection does not suffice for copyright protection.

State Rule
In Illinois, the rule established from Feist is that facts cannot be copyrighted, and a work must display originality to qualify for copyright protection.
Significant State Cases

Fisher v. E. J. Murphy Co.

The court held that a directory's organization and selection do not rise to the level of creative originality required for copyright.

Lexmark International, Inc. v. Static Control Components, Inc.

The court reaffirmed that only original works can gain copyright protection, distinguishing between mere facts and original expression.

Chicago Reader, Inc. v. Morton

The court ruled against copyright for factual compilations that are not creatively arranged or expressed.

Comparison to Federal Law

Illinois adheres closely to the Feist decision, emphasizing the necessity for creativity in copyrightable works. This mirrors federal law, which also requires originality, but Illinois case law provides more clarity in applying these principles to local factual compilations.

Bar Exam Note

Understanding the implications of Feist in Illinois is vital for the bar exam, particularly in questions related to copyrightability and originality.

Practice Pointers
  • Always assess the level of creativity and originality in a factual compilation before considering copyright protection.
  • Review recent Illinois case law for specific interpretations of the Feist decision.
  • Beware of the distinction between facts and expression when analyzing copyright claims.

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