The Supreme Court in Feist Publications v. Rural Telephone Service Co., held that the
degree of creativity necessary in order to be entitled to copyright protection is "extremely low,"
such that "[lt]he vast majority of works make the grade quite easily."5 Even a slight amount of
original authorship will suffice.
Feist involved the compilation of names and telephone numbers into an alphabetical
listing for a telephone book. The Court held that "there is nothing remotely creative about
arranging names alphabetically in a white pages directory." 7 This alphabetical directory was not
protected by copyright because "[i]t is an age-old practice, firmly rooted in tradition and so
commonplace that it has come to be expected as a matter of course.
Thus, the level of creativity necessary to qualify for copyright protection is based on
whether the work presents a configuration embodying more than an "age-old practice" so
familiar and "commonplace" that it would be "expected as a matter of course." Indeed, a simple
work that shows some creative spark meets the threshold level of creativity, "no matter how
crude, humble or obvious" it might be.9 Inasmuch as "an artist is a man who says a difficult thing
in a simple way,"'10 a creative spark may be found in a simple design.
The Supreme Court in Feist Publications v. Rural Telephone Service Co., held that thedegree of creativity necessary in order to be entitled to copyright protection is "extremely low,"such that "[lt]he vast majority of works make the grade quite easily."5 Even a slight amount oforiginal authorship will suffice.Feist involved the compilation of names and telephone numbers into an alphabeticallisting for a telephone book. The Court held that "there is nothing remotely creative aboutarranging names alphabetically in a white pages directory." 7 This alphabetical directory was notprotected by copyright because "[i]t is an age-old practice, firmly rooted in tradition and socommonplace that it has come to be expected as a matter of course.Thus, the level of creativity necessary to qualify for copyright protection is based onwhether the work presents a configuration embodying more than an "age-old practice" sofamiliar and "commonplace" that it would be "expected as a matter of course." Indeed, a simplework that shows some creative spark meets the threshold level of creativity, "no matter howcrude, humble or obvious" it might be.9 Inasmuch as "an artist is a man who says a difficult thingin a simple way,"'10 a creative spark may be found in a simple design.
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