Re: Copyright of lists

From: Andrew SkinnerLopata <asl[_at_]efn.org>
Date: Thu, 11 Jan 2007 18:00:30 -0500

Read the U.S. Supreme Court case Feist Publications v. Rural Telephone Service Co <http://www.law.cornell.edu/copyright/cases/499_US_340.htm>., and draw your own conclusions. Or at least read it before you go talk to a lawyer. You'll have a better idea of the right questions to ask.

http://www.law.cornell.edu/copyright/cases/499_US_340.htm

-Andy

---

Andrew SkinnerLopata, Adjunct Professor
University of Oregon School of Law
asl[_at_]efn.org

HGS wrote:
> 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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Received on Fri Jan 12 2007 - 04:00:30 GMT