Massachusetts

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

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

State Approach

Massachusetts generally follows the precedent set by Feist Publications in recognizing that copyright protection requires a modicum of creativity. The state emphasizes the necessity for originality and chooses not to extend protection to purely factual compilations without creative input.

State Rule
Under Massachusetts law, copyright protection requires an original work of authorship, which mandates a minimal degree of creativity, aligning with the federal rule established in Feist.
Significant State Cases

Massachusetts Med. Soc'y v. Freedom of Info. Corp.

The court ruled that while factual information is not copyrightable, compilations of such information could be protected if they exhibit sufficient creativity.

Bouchard v. Bouchard

The court found that an artistic creation made from facts could obtain copyright protection, affirming the standards from Feist regarding originality and creativity.

MacDonald v. United States

The court recognized that databases with original arrangements or expressions of facts could be copyrighted, in line with Feist's originality requirement.

Comparison to Federal Law

Massachusetts law aligns closely with federal copyright standards as articulated in Feist, particularly in the emphasis on originality and creativity for copyright protection. The state's cases reaffirm the modest threshold for copyrightability but add a specific local context in their applications.

Bar Exam Note

Understanding the principles of originality and creativity from Feist is crucial for the Massachusetts bar exam, especially regarding questions on copyright and its application to factual compilations.

Practice Pointers
  • Always assess whether the work demonstrates a minimal degree of creativity to qualify for copyright protection.
  • Evaluate the originality of compilations and whether they reflect an author's creative choices.
  • Be familiar with both state and federal cases that illustrate the application of the Feist standard, particularly in relation to compilatory works.

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