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That is, to encourage creative expression. The standard for creativity is extremely low.
It need not be novel, rather it only needs to possess a "spark" or "minimal degree" of creativity to be protected by copyright. In regard to collections of facts, Justice O'Connor stated that copyright can only apply to the creative aspects of collection: the creative choice of what data to include or exclude, the order and style in which the information is presented, etc.
If Feist were to take the directory and rearrange it, it would destroy the copyright owned in the data. The court ruled that Rural's directory was nothing more than an alphabetic list of all subscribers to its service, which it was required to compile under law, and that no creative expression was involved. The fact that Rural spent considerable time and money collecting the data was irrelevant to copyright law, and Rural's copyright claim was dismissed.
While the other justices joined Justice O'Connor's majority opinion, Justice Blackmun only concurred in judgement, but never filed a concurring opinion to explain his reasons.
Information that is, facts , discoveries, etc.
That includes not only the author's own comments, but also his choice of which facts to cover, his choice of which links to make among the bits of information, his order of presentation unless it is something obvious like an alphabetical list , any evaluations he may have made about the quality of various pieces of information, or anything else that might be considered "original creative work" of the author rather than mere facts.
For example, a recipe is a process, and not copyrightable, but the words used to describe it are; see idea-expression divide and Publications International v Meredith Corp. But, if you rewrote every recipe from a particular cookbook , you might still be found to have infringed the author's copyright in the choice of recipes and their "coordination" and "presentation", even if you used different words; however, the West decisions below suggest that this is unlikely unless there is some significant creativity carried over from the original presentation.
A sufficiently novel, useful, and unique i. Although one might assume that the text of U. In a pre-Feist case, West's citation copyright claim had been affirmed by the U. West v. Mead ;  however, in a case commenced in in the U.
HyperLaw intervened, joining Matthew Bender in the citation challenge and separately challenging West's text copyright claims. West was found by the Second Circuit in not to have a protectable copyright interest in its citations; neither to the first page citations nor to its internal pagination citations. See Matthew Bender v. West, Citation Appeal. West Publishing Co. In the same case, but in separate decisions in which Matthew Bender was not involved, HyperLaw successfully challenged West's text claims.
Judge John S. Ask a question. Turn on suggestions.
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