Ohio

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

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

State Approach

Ohio adheres to the principles established in Feist, emphasizing the necessity of originality in copyright claims. It recognizes that mere compilation of facts, without a creative spark, does not merit copyright protection.

State Rule
In Ohio, for a compilation to be copyrightable, it must contain an original selection or arrangement of facts that demonstrates creativity.
Significant State Cases

Brown v. McGraw-Hill, Inc.

The court ruled that the selection of data for a textbook did not embody original expression necessary for copyright protection.

Hammond v. American Publishers Co.

The court held that a database lacking uniqueness in its organization fails the originality requirement set forth in Feist.

Cleveland v. H.P. King & Associates, Inc.

This case reinforced the idea that databases must show creativity in selection or arrangement to be eligible for copyright protection under Ohio law.

Comparison to Federal Law

Ohio's application of the Feist principles aligns closely with federal law, both emphasizing the requirement of originality in compilations. However, Ohio courts may apply a more detailed analysis regarding the selection and arrangement of content compared to the more generalized federal approach.

Bar Exam Note

Questions regarding copyright, especially on originality and compilation, may reflect Ohio’s application of Feist principles and related state-case rulings.

Practice Pointers
  • Always assess whether a compilation of facts has an original arrangement or selection to qualify for copyright.
  • Be familiar with Ohio-specific case law that interprets copyright issues surrounding originality.
  • Understand the balance between federal copyright law and state interpretations in different jurisdictions, especially in Ohio.

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