minimal creativity" threshold can be protected in a variety of ways, including contracts and torts,
especially misappropriation. 43 Sui generis legislation could also be enacted, as was done in Europe. 44
While copyright protection could not be extended in light of the ruling in Feist that minimal creativity is
constitutionally mandated, 45 Congress could probably act under the Commerce Clause. 46 But stretching
the copyright canvas of protection to cover factual compilations could debase copyright. The Feist test
puts the creative efforts of authors at the core of copyright and refuses to protect factual compilations
simply because the making of the compilation required skill, time or a substantial investment. Copyright
is not the proper vehicle to protect these non-creative, non-original compilations.