Drawing Swords After Feist: Efforts to Legislate the Database Pirate

  title={Drawing Swords After Feist: Efforts to Legislate the Database Pirate},
  author={Victoria Smith Ekstrand},
  journal={Communication Law and Policy},
  pages={317 - 341}
  • V. Ekstrand
  • Published 1 July 2002
  • Law
  • Communication Law and Policy
The United States Supreme Court's 1991 ruling in Feist v. Rural Telephone, Inc., is critical to the debate over the nature of copyright protection for compilations and the use of "originality" as a constitutional requirement for copyright protection. An analysis of case law following Feist and several congressional database protection bills demonstrates some confusion about protection for compilations. The case law is limited, however, and does not indicate rampant piracy. In addition, the… 



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The Associated Press, 937 F.2d 700 (2d Cir

  • 1991

(statement of Richard P. Bernard, executive vice president and general counsel

  • Before the Subcomm. on Finance and Hazardous Materials of the House Commerce Committee, 106th Cong

Multimedia Marketing, 133 F. 3d 773 (10th Cir

  • 1998

The Associated Press, 3 F.3d

  • 1993

Feist was often mentioned by courts as they defined originality, but most of those cases did not involve the copyright protection of compilations or databases

  • Feist was Shepardized through
  • 2000

Rep., 44 F. 3d 61 (2d Cir

  • 1994

The Consumer and Investor Access to Information Act of