Re: Copyright of lists

From: Randal Nieuwsma <Nieuwr[_at_]calvin.edu>
Date: Tue, 09 Jan 2007 17:20:00 -0500

Ask them to send you a copy of their copyright registration. If they actually provide something, read it carefully.

Copyright is supposed to cover 'original works of authorship'. It would seem like a stretch of credibility to believe that they are the original creators of those headings. I wonder if the major phone companies sue each other for the headings in each others' yellow pages, or if newspapers sue each other for having a 'Sports' and 'Regional' and 'Classified' section (and who owns the headings of those classified ads? That would be a gold mine!). Randy (not a lawyer, just couldn't resist...)

>>> "HGS" <hgs[_at_]highgrowthstock.com> 1/9/2007 4:05 PM >>>

My question is about copyright law regarding a list of titles.

I am a small business owner. I use a list of industry group titles in my business to classify stock market companies. The name of my industry group list is "Industry Monitors 200". The name is not trademarked or copyrighted. Here is a partial example of my list:

Industry Monitors 200

  Banking-Foreign
  Banking-Midwest
  Banking-West

  Bldg-Hand Tools

My Industry Monitors list has a total of 192 titles.

Another company William O'Neil + Co. 197 Industry Groups (tm) also has a list that they call the IBD 197 Industry Groups. IBD is "Investor's Business Daily" a very large newspaper for investors.

Here is a partial example of their list:

IBD 197 Industry Groups

  Banks-Foreign
  Banks-Midwest
  Banks-West/Southwest

  Bldg-Hand Tools

Some of my names are similar but not the same. In a few cases my names and their names are the same. They have 197 industry groups, I have 192 industry groups.

Is each name in their list copyrighted such that if I have the exact same name in my list I will be violating their copyright? Does a list that looks similar come under copyright protection?

They have recently contacted me with this statement:

The "HGSI Industry Group" list impermissibly copies from IBD's copyrighted industry group list and violates IBD copyright" (HGSI is the acronym used for my product and website HighGrowthStock Investor)

Thank you for any assistance.

Regards,
George Roberts

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