Thus the Court resolved the "undeniable tension" it had noted between
the absence of protection for facts and the protection accorded to some
compilations of facts in the following holding:
Facts, whether alone or as part of a compilation, are not original and therefore may
not be copyrighted. A factual compilation is eligible for copyright if it features an
original selection or arrangement of facts, but the copyright is limited to the particular
selection or arrangement. In no event may copyright extend to the facts themselves. 5 5
Turning to the copyrightability of compilations of uncopyrightable facts,
the Supreme Court found that the requisite originality to support copyright
protection could only be found in the selection and arrangement of the
facts. 56 For a compilation of data to be original, the Court "require[d] only
that the author make the selection or arrangement independently ... and that
it display some minimal level of creativity." 57 Although the Court was of the
opinion that "the vast majority of compilations will pass this test," it noted
that "It]here remains a narrow category of works in which the creative spark is
utterly lacking or so trivial as to be virtually nonexistent. Such works are
incapable of sustaining a valid copyright." 5 8
The Court then examined the Copyright Act and its legislative history on
this issue, finding that they too denied copyright protection to facts per se.
Similarly, a review of the definition of a compilation in the 1976 Copyright
Act, with its explicit requirement of originality in the selection, coordination,
and arrangement of its elements, 59 and its legislative history, also led the
Court to conclude that the Act deliberately rejected the "sweat of the brow"
theory.
Thus the Court resolved the "undeniable tension" it had noted betweenthe absence of protection for facts and the protection accorded to somecompilations of facts in the following holding:Facts, whether alone or as part of a compilation, are not original and therefore maynot be copyrighted. A factual compilation is eligible for copyright if it features anoriginal selection or arrangement of facts, but the copyright is limited to the particularselection or arrangement. In no event may copyright extend to the facts themselves. 5 5Turning to the copyrightability of compilations of uncopyrightable facts,the Supreme Court found that the requisite originality to support copyrightprotection could only be found in the selection and arrangement of thefacts. 56 For a compilation of data to be original, the Court "require[d] onlythat the author make the selection or arrangement independently ... and thatit display some minimal level of creativity." 57 Although the Court was of theopinion that "the vast majority of compilations will pass this test," it notedthat "It]here remains a narrow category of works in which the creative spark isutterly lacking or so trivial as to be virtually nonexistent. Such works areincapable of sustaining a valid copyright." 5 8The Court then examined the Copyright Act and its legislative history onthis issue, finding that they too denied copyright protection to facts per se.Similarly, a review of the definition of a compilation in the 1976 CopyrightAct, with its explicit requirement of originality in the selection, coordination,and arrangement of its elements, 59 and its legislative history, also led theCourt to conclude that the Act deliberately rejected the "sweat of the brow"theory.
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