North Dakota
How Feist Publications, Inc. v. Rural Telephone Service Co. applies in North Dakota: state-specific rules, key cases, and bar exam notes for Copyright.
North Dakota law aligns with the principles established in Feist Publications, emphasizing that mere compilation of facts does not meet the originality requirement for copyright protection. The North Dakota Supreme Court has generally upheld the federal standard regarding originality and creativity in copyright cases.
In North Dakota, works that lack originality—defined as the minimal creative contribution necessary to qualify for copyright—are not protected under state copyright law, mirroring the federal standard set forth in Feist.
The court held that regulatory documents lacking original authorship do not qualify for copyright protection.
The court determined that data and information compiled by state agencies are not entitled to copyright unless there is an original selection or arrangement.
The court affirmed that utilitarian works produced by state entities without significant creative input are not copyrightable.
North Dakota's approach follows the federal guideline that copyright protection is not available for facts or data devoid of originality. However, North Dakota may place greater emphasis on the role of state sovereignty in determining the scope of copyright in state-generated materials.
Understanding the applicability of Feist in North Dakota copyright law is crucial for the bar exam, particularly with respect to analyzing originality and copyright eligibility.