Bifalgorithm post · Property · 2.03[E]. The same is true of all facts

Original Selection

Original Selection (Property · 2.03[E]. The same is true of all facts) — "Factual compilations, on the other hand, may possess the requisite originality. The c…

Ideas in this flowchart

  • Copyright protection for factual compilations rests on originality in selection, arrangement, or expression.
  • A compilation may be original because of the compiler’s choices.
  • The choices include which facts to include, their order, and their arrangement for effective reader use.
  • The choices must be made independently and involve at least a minimal degree of creativity.
  • When these conditions are met, Congress may protect the compilation through copyright law.
  • A directory containing only facts may qualify if it has an original selection or arrangement.
  • Copyright protection does not extend automatically to every element of a copyrighted work.
  • Originality is essential, so protection extends only to components original to the author.
  • An original collocation of words may be protected as the author’s written expression.
  • Others may copy the underlying facts, but not the precise words used to present them.
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Original Selection

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Property

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"Factual compilations, on the other hand, may possess the requisite originality. The compilation author typically chooses which facts to include, in what order to place them, and how to arrange the collected data so that they may be used effectively by readers. These choices as to selection and arrangement, so long as they are made independently by the compiler and entail a minimal degree of creativity, are sufficiently original that Congress may protect such compilations through the copyright laws. Thus, even a directory that contains absolutely no protectible written expression, only facts, meets the constitutional minimum for copyright protection if it features an original selection or arrangement. This protection is subject to an important limitation. The mere fact that a work is copyrighted does not mean that every element of the work may be protected. Originality remains the sine qua non of copyright; accordingly, copyright protection may extend only to those components of a work that are original to the author. Thus, if the compilation author clothes facts with an original collocation of words, he or she may be able to claim a copyright in this written expression. Others may copy the underlying facts from the publication, but not the precise words used to present them."

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