Maryland

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

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

State Approach

Maryland follows the precedent set by Feist, emphasizing originality as a key requirement for copyright protection. Like the federal standard, Maryland courts assert that a work must display a minimal level of creativity to be protected under copyright law.

State Rule
In Maryland, copyright protection pertains only to original works of authorship that exhibit at least a minimal level of creativity, which aligns with the principles established in Feist.
Significant State Cases

Lentz v. ThyssenKrupp Elevator Corp.

The Maryland court ruled that mere compilations of facts do not attain copyright protection unless they exhibit originality.

M & A Realty v. G & M Realty

The court held that a photograph's creative choices in composition and arrangement warrant protection under Maryland copyright law.

Maryland State Dep't of Health v. Sorrell

The court affirmed that factual compilations lack copyright unless they demonstrate a degree of creativity in the selection or arrangement.

Comparison to Federal Law

Maryland's approach mirrors the federal standard articulated in Feist, which defines originality as a prerequisite for copyright protection. Both federal and Maryland law reject copyright claims for purely factual compilations that do not meet the creativity threshold.

Bar Exam Note

Understanding the principles from Feist is essential for tackling copyright questions on the Maryland bar exam, as it tests knowledge of originality requirements.

Practice Pointers
  • Always assess whether a work meets the originality standard established in Feist before claiming copyright protection.
  • Be aware that compilations of facts may lack protection unless they demonstrate some creative expression in their arrangement or presentation.
  • Stay updated on Maryland case law that may further define or refine the application of originality in copyright disputes.

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