WebShe repudiated the sweat of the brow test, which had been used by lower courts in copyright cases, and argued that the purpose of copyright protection is to promote creativity rather than effort. ... Held: Rural's white pages are not entitled to copyright, … And on complying with all the statutory requirements, the proprietors are … WebThe elements of copyright infringement cited in this instruction were stated in Feist Publications v. Rural Telephone Service ... (en banc), a case involving the alleged copyright infringement of a musical composition, the Ninth Circuit worded the elements slightly differently: “proof of copyright infringement requires [the plaintiff] ...
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Reality as Artifact: From Feist to Fair Use
WebLaw School Case Brief; Feist Publications, Inc. v. Rural Telephone Service Co., Inc. - 499 U.S. 340, 111 S. Ct. 1282 (1991) Rule: To establish copyright infringement, two elements must be proven: (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original. Facts: Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991), was a landmark decision by the Supreme Court of the United States establishing that information alone without a minimum of original creativity cannot be protected by copyright. In the case appealed, Feist had copied information from Rural's telephone listings to include in its own, after Rural had refused to license the information. Rural sued for copyright infringement. The Court ruled that information c… WebMar 27, 1991 · App. to Pet. for Cert. 4a, judgt. order reported at 916 F.2d 718 (1990). We granted certiorari, 498 U.S. 808 (1990), to determine whether the copyright in Rural's … flights from burlington to seattle