Re: Re: Copyright of lists

Any particular item in the list is not likely to be copyrightable. But the particular collection and selection and organization of what to include and what to name things may be. There have been some post- Feist cases (the case mentioned by another who responded to you) dealing with such things as yellow pages and other sorts of lists. A copyright lawyer would need to do some research to answer your particular question in detail and with sophistication.

But the short answer is -- it depends. It depends on what else is out there, did you actually copy their list and just change it or did you come up with it in a vacuum on your own, did they register it, what jurisdiction are you (and they) in, how much are you or they willing to spend, what is the attitude of the lawyer and the court toward copyright law? (I always get pilloried by some on this list for this last comment, but think it accurate nonetheless.)

Steve

>>>> "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
>
>
>
>
>
> #############################################################
> This message is sent to you because you are subscribed to
> the mailing list <CNI-COPYRIGHT[_at_]cni.org>.
> To unsubscribe, E-mail to: <CNI-COPYRIGHT-off[_at_]cni.org>
> To switch to the DIGEST mode, E-mail to <CNI-COPYRIGHT-digest[_at_]cni.org>
> To switch to the INDEX mode, E-mail to <CNI-COPYRIGHT-index[_at_]cni.org>
> To postpone your subscription, E-mail to <CNI-COPYRIGHT-null[_at_]cni.org>
> To resume mail list message delivery from postpone mode, E-mail to
> <CNI-COPYRIGHT-feed[_at_]cni.org>
> Send administrative queries to <CNI-COPYRIGHT-request[_at_]cni.org>
>
> Visit the CNI-COPYRIGHT e-mail list archive at
> <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>.
>
>
> #############################################################
> This message is sent to you because you are subscribed to
> the mailing list <CNI-COPYRIGHT[_at_]cni.org>.
> To unsubscribe, E-mail to: <CNI-COPYRIGHT-off[_at_]cni.org>
> To switch to the DIGEST mode, E-mail to <CNI-COPYRIGHT-digest[_at_]cni.org>
> To switch to the INDEX mode, E-mail to <CNI-COPYRIGHT-index[_at_]cni.org>
> To postpone your subscription, E-mail to <CNI-COPYRIGHT-null[_at_]cni.org>
> To resume mail list message delivery from postpone mode, E-mail to
> <CNI-COPYRIGHT-feed[_at_]cni.org>
> Send administrative queries to <CNI-COPYRIGHT-request[_at_]cni.org>
>
> Visit the CNI-COPYRIGHT e-mail list archive at <https://
> mail2.cni.org/Lists/CNI-COPYRIGHT/>.
>

-- 
Prof. Steven D. Jamar                     vox:  202-806-8017
Howard University School of Law           fax:  202-806-8567
2900 Van Ness Street NW         mailto:stevenjamar[_at_]gmail.com
Washington, DC  20008	                http://iipsj.com/SDJ/

Nothing worth doing is completed in our lifetime,
Therefore, we are saved by hope.
Nothing true or beautiful or good makes complete sense in any  
immediate context of history;
Therefore, we are saved by faith.
Nothing we do, however virtuous, can be accomplished alone.
Therefore, we are saved by love.
No virtuous act is quite a virtuous from the standpoint of our friend  
or foe as from our own;
Therefore, we are saved by the final form of love which is forgiveness.

Reinhold Neibuhr