Virginia

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

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

State Approach

Virginia adheres closely to the federal copyright standards established in Feist, particularly regarding the originality requirement for copyright protection. The state reinforces that factual compilations, such as telephone directories, do not achieve the requisite level of creativity to warrant copyright protection.

State Rule
In Virginia, like federal law, mere collections of facts or data do not qualify for copyright protection unless they exhibit originality—something beyond mere organization or presentation of the information.
Significant State Cases

Harris v. Hampton Roads Transit

The court ruled that the compilation of public transit schedules lacked originality necessary for copyright protection.

U.S. v. Bender

The court determined that facts do not have copyright protection even if presented in a specific format.

Southern News Group v. Virginia

The court affirmed that newspapers' published information on public records did not receive copyright protection under Virginia law.

Comparison to Federal Law

Virginia's approach mirrors federal law, emphasizing that copyright protection is reserved for original works and not for mere compilations of facts, as affirmed in Feist. Both Virginia and federal interpretations assess the level of creativity in works as a determinant for copyright eligibility.

Bar Exam Note

Copyright principles from Feist are relevant in Virginia's bar exam, especially regarding the originality and protectability of compilations of facts and data.

Practice Pointers
  • When assessing copyrightability in Virginia, focus on the originality and creative expression of works rather than mere compilations of facts.
  • Understand the implications of Feist when dealing with databases or fact-based works to ensure compliance with copyright requirements.
  • Be prepared to analyze whether specific compilations have employed sufficient creativity to be potentially eligible for copyright protection.

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