Copyright

Feist Publications, Inc. v. Rural Telephone Service Co. — Study Notes

499 U.S. 340 (1991) (Supreme Court of the United States)

Study notes for Feist Publications, Inc. v. Rural Telephone Service Co.: professor notes, cold call prep, exam angles, and memory aids.

Copyright protection requires an original expression of ideas, not just the presentation of facts.
Professor Notes

In Feist Publications, Inc. v. Rural Telephone Service Co., the Supreme Court addressed the pivotal issue of originality in copyright law. The Court ruled that mere compilations of facts, such as subscriber listings in a telephone directory, do not qualify for copyright protection unless there is an original selection or arrangement of those facts. The case establishes that copyright does not protect the underlying facts themselves but only the expression of those facts, emphasizing the need for a creative spark in the selection or organization to meet the originality requirement.

This case is particularly significant for understanding the limits of copyright protection and how it relates to factual compilations. The ruling has implications for various industries that rely on data compilation and raises important questions about what constitutes originality. As you prepare for class discussions or exams, consider the balance between protecting creators' rights and preventing monopolies on factual information essential for public use.

Cold Call Prep
  1. 1Explain why the Supreme Court held that Rural's directory was not copyrightable.
  2. 2Discuss the implications of this ruling for businesses that compile factual information.
  3. 3What is the significance of originality in copyright law as established in this case?
  4. 4How does this case define the line between protectable expression and unprotectable facts?
  5. 5Can you provide examples of works that might meet the originality standard set forth in Feist?
Mnemonic Device

Rural's rights did not rise to originality.

Distinguish From
CaseDistinction
Barry v. MadonnaIn Barry v. Madonna, the court found an original and creative arrangement of facts about celebrity news, unlike the unoriginal compilation in Feist.
National Geographic Society v. GPLUnlike Feist, which involved a plain listing, GPL involved artistic and creative implementation in educational content, achieving copyright protection.
Policy Arguments

For the Rule

Limiting copyright to original expressions of ideas fosters creativity and allows the free flow of information, especially for factual data that should remain public.

Against the Rule

Restricting copyright protections for compilations of facts could discourage investment in data organization and collection, impacting businesses that rely on such practices.

Class Discussion Points
  • What constitutes a 'creative spark' in the selection or arrangement of facts?
  • How does this case impact the way businesses approach the protection of their compilations?
  • Discuss potential ramifications of this ruling on data-driven industries and services.
Exam Angle

In exams, this case often appears in discussions about originality in copyright and the distinction between facts and expression. Be prepared to analyze how the ruling applies to various compilations and whether an arrangement may be copyrightable.

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