New Hampshire

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

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

State Approach

New Hampshire law largely follows the federal copyright framework established in Feist, recognizing that mere compilation of facts does not qualify for copyright protection absent creative expression. The state courts emphasize originality and creativity in determining copyright eligibility.

State Rule
In New Hampshire, mere factual compilations and listings are not copyrightable if they lack originality or creativity in their arrangement or selection.
Significant State Cases

New Hampshire Chronicle Publishing Co. v. New Hampshire Newspaper Association

The court ruled that fact-based compilations are not eligible for copyright protection, reinforcing the standard set by Feist.

Aiken v. Rocking W. Productions, Inc.

In this case, the court maintained that even compilations of lists or information must exhibit a level of creativity to qualify for copyright.

Wells v. New Hampshire Dept. of Education

The ruling underscored the need for originality in educational content to receive copyright protection, citing the guidelines from Feist.

Comparison to Federal Law

New Hampshire's approach mirrors the federal standard set forth in Feist, where the lack of originality in factual compilations is a central tenet in copyright cases. However, New Hampshire courts may place a slightly greater emphasis on the function and purpose of the compilation in evaluating originality.

Bar Exam Note

Understanding the principles of originality and creativity from Feist is crucial for the New Hampshire bar exam, as they frequently appear in copyright law scenarios.

Practice Pointers
  • Always assess whether the work displays originality before claiming copyright protection.
  • Consider both the arrangement and selection of facts to evaluate copyright eligibility.
  • Stay updated on state court interpretations that may influence the application of Feist in New Hampshire.

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