Article: 7th Circ Decision Reinforces the Noncopyrightability of Facts in a Database

Although it’s a little older, the following article may be of interest:
Blanke, Jordan M. “Assessment Technologies of WI, LLC v. Wiredata, Inc.: Seventh Circuit Decision Reinforces the Noncopyrightability of Facts in a Database.” Santa Clara Computer & High Technology Law Journal 20:755-764 (March 2004). Full text is available on LexisNexis & Westlaw.

The Court of Appeals for the Seventh Circuit recently handed down a decision that squarely supports the Supreme Court holding in Feist that noncopyrightable facts contained in a database are not and cannot be protected by copyright. The decision, written by Judge Richard A. Posner, plainly states that such facts cannot be protected by copyright law no matter how far embedded or intertwined they may be with copyrightable portions of code or structure. While the facts in this case are almost as barren of originality as those in Feist, the strong opinion strikes a blow to those who would like to skirt the clear principles enunciated in Feist.