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Klarinet Archive - Posting 000302.txt from 2000/07

From: Oliver Seely <oliver@-----.edu>
Subj: [kl] Re: Original scores for festival judges.
Date: Fri, 7 Jul 2000 10:11:44 -0400

Here is an extract of the majority opinion (by Sandra Day O'Connor) in
Feist Publications, Inc. v. Rural Telephone Service Co., Inc., No. 89-1909,
Supreme Court of the United States, Decision March 27, 1991.

"Rural's white pages do not meet the constitutional or statutory
requirement for
copyright protection. While Rural has a valid copyright in the directory as
a whole because it contains some forward text and some original material in
the yellow pages, there is nothing original in Rural's white pages. The raw
data are uncopyrightable facts, and the way in which Rural selected,
coordinated, and arranged those facts is not original in any way. Rural's
selection of listings -- subscribers' names, towns, and telephone numbers
-- could not be more obvious and lacks the modicum of creativity necessary
to transform mere selection into copyrightable expression. . . .Moreover,
there is nothing remotely creative about arranging names alphabetically in
a white pages directory. It is an age-old practice, firmly rooted in
tradition and so commonplace that it has come to be expected as a matter of
course."

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