Maine

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

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

State Approach

Maine follows the federal standard set by Feist Publications, emphasizing that originality is a key factor for copyright protection. The state upholds that facts do not receive copyright protection and only the expression of those facts qualifies for such protection under the law.

State Rule
In Maine, the standard mirrors the federal requirement that a work must contain some degree of originality to qualify for copyright protection. Mere compilations of facts lack originality and, therefore, are not protectable.
Significant State Cases

Somerset Publishing Co. v. Houghton Mifflin Co.

The court ruled that compilations of public domain information cannot receive copyright protection if they do not demonstrate originality.

Gordon v. Hargreaves

The court concluded that the description of correctly formatted data does not enhance its copyright eligibility, reiterating originality as a critical factor.

Northern New England Telephone Operating LLC v. United States

The ruling clarified that database compilation faced scrutiny under the originality requirement, drawing parallels to the Feist decision.

Comparison to Federal Law

Maine's copyright law is aligned with the federal standards established in Feist, maintaining a strict interpretation of originality. The state's treatment of factual compilations mirrors federal law, as neither allows mere presentation of facts to garner copyright protection.

Bar Exam Note

Candidates should be familiar with the implications of Feist in the context of Maine copyright law, particularly regarding the originality requirement and its application to factual works and compilations.

Practice Pointers
  • Assess the originality of a work carefully, focusing on creative choices made in expression.
  • Recognize that mere facts and data without original expression are not copyrightable.
  • Understand how compilations of facts are treated under both state and federal law in copyright contexts.

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