Mississippi

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

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

State Approach

Mississippi law generally follows the precedent set by Feist Publications in recognizing that facts cannot be copyrighted, reflecting the copyright principle of originality. Mississippi courts emphasize that for a compilation to qualify for copyright protection, it must contain some creative expression beyond mere facts.

State Rule
In Mississippi, compilations of facts may only receive copyright protection if the arrangement or selection of those facts demonstrates a minimal level of creativity.
Significant State Cases

Mississippi Beef Council v. Dave Ward

The court ruled that the arrangement of promotional materials lacked the requisite creativity necessary for copyright protection.

Carter v. Walters

This case found that merely gathering and presenting information did not meet the threshold for copyright under Mississippi law.

Aiken v. Mississippi Department of Wildlife, Fisheries, and Parks

The court held that factual compilations do not qualify for copyright unless they exhibit original authorship.

Comparison to Federal Law

Mississippi's approach aligns closely with the federal standard established in Feist, focusing on originality and creativity in copyright protections. However, state courts may adopt a slightly more conservative view on what constitutes creativity in the selection and arrangement of facts in certain cases.

Bar Exam Note

The principles from Feist are relevant for the Mississippi bar exam, particularly in questions addressing copyright law and the originality requirement.

Practice Pointers
  • Ensure that any compilations you create contain original and creative expressions to qualify for copyright protection.
  • Stay updated on state court interpretations of copyright law to inform your practice and client advisement.
  • Be prepared to differentiate between protectable and non-protectable works in copyright discussions.

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