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Reflections on the 25Th Anniversary of Feist Publications, Inc. V. Rural Telephone Service Co
Santa Clara Law Santa Clara Law Digital Commons Faculty Publications Faculty Scholarship 2017 Reach Out and Touch Someone: Reflections on the 25th Anniversary of Feist Publications, Inc. v. Rural Telephone Service Co. Tyler T. Ochoa Santa Clara University School of Law, [email protected] Craig Joyce University of Houston Law Center, [email protected] Follow this and additional works at: https://digitalcommons.law.scu.edu/facpubs Part of the Intellectual Property Law Commons Automated Citation Tyler T. Ochoa and Craig Joyce, Reach Out and Touch Someone: Reflections on the 25th Anniversary of Feist Publications, Inc. v. Rural Telephone Service Co. , 54 HOUS. L. REV. 257 (2017), Available at: https://digitalcommons.law.scu.edu/facpubs/961 This Article is brought to you for free and open access by the Faculty Scholarship at Santa Clara Law Digital Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected], [email protected]. Do Not Delete 11/22/2016 5:54 PM HISTORICAL ESSAY REACH OUT AND TOUCH SOMEONE: REFLECTIONS ON THE 25TH ANNIVERSARY OF FEIST PUBLICATIONS, INC. V. RURAL TELEPHONE SERVICE CO. **Craig Joyce & Tyler T. Ochoa*** ABSTRACT 2016 marks the 25th anniversary of the Supreme Court’s opinion in Feist Publications, Inc. v. Rural Telephone Service Co., one of the Court’s landmark opinions in copyright law, and one that continues to define the standard of originality for copyrighted works in general and compilations of data in particular. The Feist case, however, was an unlikely candidate for landmark status. -
Feist Publications V. Rural Telephone Service Company "Altruism Expressed in Copyright Law" Sherrie Callis
Golden Gate University Law Review Volume 22 Article 13 Issue 2 Notes and Comments January 1992 Copyright Protection in Factual Compilations: Feist Publications v. Rural Telephone Service Company "Altruism Expressed in Copyright Law" Sherrie Callis Follow this and additional works at: http://digitalcommons.law.ggu.edu/ggulrev Part of the Intellectual Property Law Commons Recommended Citation Sherrie Callis, Copyright Protection in Factual Compilations: Feist Publications v. Rural Telephone Service Company "Altruism Expressed in Copyright Law", 22 Golden Gate U. L. Rev. (1992). http://digitalcommons.law.ggu.edu/ggulrev/vol22/iss2/13 This Note is brought to you for free and open access by the Academic Journals at GGU Law Digital Commons. It has been accepted for inclusion in Golden Gate University Law Review by an authorized administrator of GGU Law Digital Commons. For more information, please contact [email protected]. Callis: Copyright Protection COPYRIGHT PROTECTION IN FACTUAL COMPILATIONS: FEIST PUBLICATIONS v. RURAL TELEPHONE SERVICE COMPANY "ALTRUISM EXPRESSED IN COPYRIGHT LAW" INTRODUCTION The Constitution grants Congress the power to create copy right laws.1 This grant contains inherent tensions between protecting the author's fruits of labor and providing the pub lic with access to copyrighted works.2 Copyright law reflects these tensions. Until recently two competing theories about what copyright protection is available to factual compilations split the circuit courts of appeal. The Copyright Act defines a compilation as "a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship."3 Fact-based compilations involve factual preexisting materials or data.· The two theories which split the circuit courts of appeal over copyright protection available to fact-based compila tions are the "sweat of the brow" theory, previously followed In three circuits,6 and the "selection, arrangement, or 1. -
The Challenges of Copyright in the EU
Briefing June 2015 The challenges of copyright in the EU SUMMARY Despite over a century of international harmonisation, copyright law remains essentially national law, even though some fundamental copyright norms are gradually converging. Today, copyright is regulated at international level mainly through the Bern Convention, the Universal Copyright Convention, and a series of other treaties administered by the World Intellectual Property Organization. At present, national copyright laws are grounded in a handful of universal rules and principles. Exclusive rights are granted to creators for 'original' works which range from art (music, paintings) to information products (maps, databases). The rights conceded under copyright vary with national laws and legal traditions (civil law in continental Europe and common law in Anglo-American countries). However, as a minimum, exclusive rights encompass the rights to reproduce, distribute, rent, lend, or communicate a work to the public. All these rights can be transferred and/or collectively managed by specialist intermediaries (notably for music works). Most national laws also grant moral rights to protect the author's name and reputation. Other provisions – such as the term of copyright protection – differ widely on a global scale. To maintain a fair balance between the interests of users and rights-holders, legislators have foreseen a number of exceptions, allowing for limited free use of certain works. The main European Union instrument providing a legal framework for copyright is the 2001 Copyright Directive. In May 2015, the European Commission unveiled its plans to create a Digital Single Market, aiming in this respect to present legislative proposals reducing the differences between national copyright regimes and allowing for wider online access, including through further harmonisation measures. -
Radio Essentials 2012
Artist Song Series Issue Track 44 When Your Heart Stops BeatingHitz Radio Issue 81 14 112 Dance With Me Hitz Radio Issue 19 12 112 Peaches & Cream Hitz Radio Issue 13 11 311 Don't Tread On Me Hitz Radio Issue 64 8 311 Love Song Hitz Radio Issue 48 5 - Happy Birthday To You Radio Essential IssueSeries 40 Disc 40 21 - Wedding Processional Radio Essential IssueSeries 40 Disc 40 22 - Wedding Recessional Radio Essential IssueSeries 40 Disc 40 23 10 Years Beautiful Hitz Radio Issue 99 6 10 Years Burnout Modern Rock RadioJul-18 10 10 Years Wasteland Hitz Radio Issue 68 4 10,000 Maniacs Because The Night Radio Essential IssueSeries 44 Disc 44 4 1975, The Chocolate Modern Rock RadioDec-13 12 1975, The Girls Mainstream RadioNov-14 8 1975, The Give Yourself A Try Modern Rock RadioSep-18 20 1975, The Love It If We Made It Modern Rock RadioJan-19 16 1975, The Love Me Modern Rock RadioJan-16 10 1975, The Sex Modern Rock RadioMar-14 18 1975, The Somebody Else Modern Rock RadioOct-16 21 1975, The The City Modern Rock RadioFeb-14 12 1975, The The Sound Modern Rock RadioJun-16 10 2 Pac Feat. Dr. Dre California Love Radio Essential IssueSeries 22 Disc 22 4 2 Pistols She Got It Hitz Radio Issue 96 16 2 Unlimited Get Ready For This Radio Essential IssueSeries 23 Disc 23 3 2 Unlimited Twilight Zone Radio Essential IssueSeries 22 Disc 22 16 21 Savage Feat. J. Cole a lot Mainstream RadioMay-19 11 3 Deep Can't Get Over You Hitz Radio Issue 16 6 3 Doors Down Away From The Sun Hitz Radio Issue 46 6 3 Doors Down Be Like That Hitz Radio Issue 16 2 3 Doors Down Behind Those Eyes Hitz Radio Issue 62 16 3 Doors Down Duck And Run Hitz Radio Issue 12 15 3 Doors Down Here Without You Hitz Radio Issue 41 14 3 Doors Down In The Dark Modern Rock RadioMar-16 10 3 Doors Down It's Not My Time Hitz Radio Issue 95 3 3 Doors Down Kryptonite Hitz Radio Issue 3 9 3 Doors Down Let Me Go Hitz Radio Issue 57 15 3 Doors Down One Light Modern Rock RadioJan-13 6 3 Doors Down When I'm Gone Hitz Radio Issue 31 2 3 Doors Down Feat. -
Resisting "Sweat" and Refusing Feist: Rethinking Originality After CCH
Osgoode Hall Law School of York University Osgoode Digital Commons Articles & Book Chapters Faculty Scholarship 2007 Resisting "Sweat" and Refusing Feist: Rethinking Originality After CCH Carys J. Craig Osgoode Hall Law School of York University, [email protected] Source Publication: UBC Law Review. Volume 40, Number 1 (2007), p. 69-120. Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/scholarly_works This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Recommended Citation Craig, Carys J. "Resisting "Sweat" and Refusing Feist: Rethinking Originality After CCH." UBC Law Review 40.1 (2007): 69-120. This Article is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. RESISTING "SWEAT" AND REFUSING FEIST: RETHINKING ORIGINALITY AFTER CCH CARYS J. CRAIGt I. INTRODUCTION A. THE ORIGINALITY DOCTRINE IN COPYRIGHT LAW Copyright law offers protection for original works of artistic, literary, dramatic, or musical expression.1 Originality is "the foundation stone of copyright"2 and the defining characteristic of copyrightable expression. Like many aspects of intellectual property law, it is easy to state the basic need for originality, but it is far harder to ascertain what this means. How should originality be understood? It is trite to say that absolute originality is impossible: We are always already part of that which surrounds us and preceded us. Even in our so-called "creativity", we all stand on the proverbial shoulders of giants. -
Tuesday, 16 July 2013
Frnchng the copynght baFiance: ongrnahty, authonsaUon and far deahng vi Canathan and New Zeaand aw Anna Kingsbury, Senior Lecturer in Law, University of Waikato Introduction infringed when a single copy of a reported decision, case Copyright law is based on a balance between the need to summary, statute, regulation or a limited selection of text provide incentives and rewards to authors on the one hand, from a treatise is made by the Great Library staff or one of and the need to ensure new creators have adequate access to its patrons on a self-service photocopier for the purpose of existing works on the other. Recent years have seen a trend research.3 in copyright law toward extending rights for rights holders The Supreme Court of Canada's decision was delivered at the expense of users and the public domain. This trend by Chief Justice McLachlin. The Court decided the case in has continued' despite extensive critique from favour of the Law Society. In so doing, it took an approach commentators internationally. At a normative level, debate to copyright law generally, and to specific provisions of continues over how copyright provisions should be Canada's Copyright Act, that is of considerable relevance to interpreted in order to preserve the copyright balance, and interpretation of the New Zealand Copyright Act. This in order to facilitate access to copyright works, particularly article reviews this approach, and compares it to existing access for new creators. New Zealand judicial approaches to these issues. It argues A recent case from the Supreme Court of Canada that the Supreme Court of Canada's approach is robust and contributes to these debates. -
Possible Futures of Fair Use
POSSIBLE FUTURES OF FAIR USE Pamela Samuelson • Abstract: This Article celebrates the twenty-one-year majority status of Campbell v. Acuff-Rose Music, Inc. Campbell has unquestionably had transformative impacts on the doctrine of fair use in U.S. copyright case law, making several significant contributions that go well beyond the Court's endorsement of the "transformative" nature of a use as tipping in favor of fairness. Several notable cases have built upon the analytical foundation established in Campbell. This Article also considers possible futures of fair use. What will fair use look like twenty-one years from now? Will it stay much as it is right now, or will it change, and if so, how? Some critics think that fair use has gone too far and are urging a return to a more restrictive scope for the doctrine. This Article considers and responds to various critiques of the present state of fair use law, including whether fair use is consistent with international treaty obligations. This Article concludes that fair use will survive these critiques and will continue to evolve to provide a useful mechanism for balancing the interests of authors and other rights holders, on the one hand, and subsequent authors and other users of copyrighted works, on the other hand. It discusses some new horizons that commentators have imagined for fair use to address certain problems that beset copyright law today. Of the possible futures of fair use, that which would preserve the status quo and expand fair use into new horizons is the one most likely to occur and most to be desired. -
(1991) Feist Publications, Inc. V. Rural Telephone Service Co., Inc. No. 89
499 U.S. 340 (1991) Feist Publications, Inc. v. Rural Telephone Service Co., Inc. No. 89-1909 Supreme Court of the United States Argued January 9, 1991 Decided March 27, 1991 [...] JUSTICE O'CONNOR delivered the opinion of the Court. in which Rehnquist, C. J., and White, Marshall, Stevens, Scalia, Kennedy, and Souter, JJ., joined. Blackmun, J., concurred in the judgment. This case requires us to clarify the extent of copyright protection available to telephone directory white pages. I Rural Telephone Service Company, Inc., is a certified public utility that provides telephone service to several communities in northwest Kansas. It is subject to a state regulation that requires all telephone companies operating in Kansas to issue annually an updated telephone directory. Accordingly, as a condition of its monopoly franchise, Rural publishes a typical telephone directory, consisting of white pages and yellow pages. The white pages list in alphabetical order the names of Rural's subscribers, together with their towns and telephone numbers. The yellow pages list Rural's business subscribers alphabetically by category and feature classified advertisements of various sizes. Rural distributes its directory free of charge to its subscribers, but earns revenue by selling yellow pages advertisements. Feist Publications, Inc., is a publishing company that specializes in area-wide telephone directories. Unlike a typical directory, which covers only a particular calling area, Feist's area-wide directories cover a much larger geographical range, reducing the need to call directory assistance or consult multiple directories. The Feist directory that is the subject of this litigation covers 11 different telephone service areas in 15 counties and contains 46,878 white pages listings—compared to Rural's approximately 7,700 listings. -
Btutt of W,Tnnegflw
btutt of W,tnnegflw HOUSE RESOLUTION NO. 1OO By Representative Terry A RESOLUTION to honor the success of the band Shinedown and its Tennessee-born members, Zach Myers and Brent Smith. WHEREAS, it is fitting that the members of this General Assembly should pause to specially recognize those native Tennesseans who possess world-renowned musical ability and have led successful careers in the music industry, thereby enriching the lives of their fellow citizens; and WHEREAS, two such individuals are Zach Myers and Brent Smith, both of whom serve as members of the hard rock band Shinedown; and WHEREAS, Brent Smith, born in Knoxville, represents this state by leading a successful career in the music industry as creator and lead vocalist of the band Shinedown; and WHEREAS , Zach Myers, born in Memphis, represents this state by leading a successful career in the music industry as the founder and lead singer of the Memphis-based rock band The Fairwell, as well as the former bassist and current guitarist for the hard rock band Shinedown; and WHEREAS, over the past two decades, Shinedown has proven itself to be a dynamic, record-breaking, multi-platinum musical group with the ability to appeal to a diverse constituency of both young and old rock music fans; likewise, Tennessee-born members Zach Myers and Brent Smith deserve this body's unyielding approbation for their contribution to the band Shinedown and, ultimately, to the State of Tennessee; and WHEREAS, Shinedown's consistent delivery of high-energy concerts and live shows has helped the band -
How Playlists Broke the Internet: an Analysis of Copyright in Playlist Ownership
Misrok.40.3.13 (Do Not Delete) 3/5/2019 12:24 PM HOW PLAYLISTS BROKE THE INTERNET: AN ANALYSIS OF COPYRIGHT IN PLAYLIST OWNERSHIP Tori Misrok† TABLE OF CONTENTS INTRODUCTION .............................................................................................................. 1412 I. BACKGROUND ......................................................................................................... 1415 A. The History of Copyright in American Jurisprudence .......................... 1415 B. Modern Judicial Applications ................................................................... 1418 II. THE “NEW MUSIC ECONOMY”—THE RISE OF DIGITAL MUSIC AND STREAMING SERVICES ............................................................................................. 1423 A. Interactive Versus Non-Interactive Services ........................................... 1424 B. Terms and Conditions for Digital Music Streaming Services ............... 1425 C. Playlists as User-Generated Content ........................................................ 1426 D. International Applications ........................................................................ 1429 III. ANALYSIS: THE COPYRIGHTABILITY OF PLAYLISTS .............................................. 1430 A. Playlists as Compilations ........................................................................... 1432 B. Originality and Creativity in Playlist Creation ...................................... 1439 C. Terms and Conditions as a Potential Bar to Copyrightability .............. 1441 IV. -
Download My Angel Daniel Messages
My Angel Daniel Vassula Ryden Early Dawn of TRUE LIFE IN GOD PDF file of the Angel Daniel messages as given to Vassula Rydén Copyright © Vassula Rydén Published on the True Life in God website www.tlig.org under licence from the Foundation for True Life in God, Geneva, Switzerland. [email protected] All rights reserved TLIG True Life in God La Vraie Vie en Dieu Wahres Leben in Gott La Verdadera Vida en Dios & Vassula are registered trademarks These terms and conditions apply to you regarding the material in this file. You are responsible for bringing these terms to the attention of anyone who may read this material as a result of your access to it. You may only view, print or download this material for private, non-commercial purposes. If you wish to view, print or download this material for commercial purposes, you must first obtain written authorisation from the Foundation for True Life in God. You are not permitted under any circumstances to remove or amend any trademark, copyright or other proprietary notice on this material. You are not permitted under any circumstances to publish, in electronic form or otherwise, any material contained in this file. www.tlig.org My Angel Daniel © Vassula Rydén May 8, 1986 (Dialogue with my angel Daniel.) be peaceful; glory be to God for being good to have given you His Peace; I shall guard you from evil; be good and make a prayer now; Jesus will bring you closer to Him; Dan; May 9, 1986 peace; I am near you; do not fear; forever I shall pray and guide you; I forever shall guard you; be good; glory be to God; pray; Dan; (Later.) peace be upon you; I shall guide you closer to God and make you a better person; be good; glory be to God; may you go with the blessings of God your Heavenly Father; amen, amen; Daniel; May 10, 1986 peace to you; I am your guardian angel; I forever shall guide you, forever guard you; Jesus purifies; God loves you; I am praying for you; praise Jesus; I wonder if something wonderful will happen. -
Compact Discs and Dvds - Popular, Jazz, Ethno Recent Releases - Spring 2016
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