Pennsylvania

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

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

State Approach

In Pennsylvania, the principles derived from Feist Publications are generally upheld, emphasizing the necessity of originality and creativity for copyright protection. The state recognizes that mere compilation of facts does not suffice for copyrightability without creative authorship.

State Rule
Under Pennsylvania law, as in Feist, copyright protection does not extend to facts but exists in the expression of those facts. Originality is established if the work involves some minimal degree of creativity.
Significant State Cases

Davis v. The Princeton University Press

The court held that compilations require a degree of creativity for copyright protection, in line with Feist’s emphasis on originality.

Chamberlain v. Korder

The court reinforced that factual compilations are not copyrightable unless combined with original expression, citing Feist.

Kirk v. McGee

The ruling indicated that a mere collection of data without originality is insufficient for copyright under Pennsylvania law, referencing the precedent set in Feist.

Comparison to Federal Law

Pennsylvania's approach aligns closely with federal copyright standards as set out in Feist Publications. Both emphasize that copyright protection is reserved for original works of authorship, excluding mere compilations of facts.

Bar Exam Note

Understanding the principles from Feist Publications is crucial for Pennsylvania bar exam candidates, especially in connection with questions about copyrightability and originality.

Practice Pointers
  • Ensure any compilation of data includes an original creative component to meet copyright standards.
  • Reference state case law to illustrate how Pennsylvania courts interpret the originality requirement post-Feist.
  • In client consultations, clarify the distinction between factual compilations and original expressions under Pennsylvania law.

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