What did the Court decide in Feist?

The Supreme Court held that facts in a phone directory are not copyrightable. Only original creative expression, or a compilation with at least a small amount of creativity, can be protected.

Are all compilations protected by copyright?

No. A compilation is protected only if the author’s selection or arrangement shows a minimal level of creativity. Mere alphabetical listing of facts is not enough.

What is the ‘modicum of creativity’ test?

It is the low but real threshold of originality in U.S. copyright law. The work must reflect some independent creative choices, however small.

Can I copy facts from someone else’s database?

You may copy the facts themselves, but not any original creative selection or arrangement that qualifies for protection.

Why is Feist important for students?

Feist is a foundation case for originality. It helps you draw the line between unprotectable facts and protectable expression in exams and practice.

Feist Publications, Inc. v. Rural Telephone Service (1991)

U.S. Supreme Court 1991 Bench: O’Connor, J. (for Court) Citation: 499 U.S. 340 Area: Copyright Reading time: ~6 min

Author: Gulzar Hashmi

Location: India

Published: Nov 1, 2025

Easy English

Quick Summary

This case draws a clear line: facts are free for everyone. A phone book lists facts (names, addresses, numbers) in simple A–Z order. That list is not protected by copyright because it lacks creativity. Copyright protects original expression and creative compilations, not bare facts.

Alphabetical white pages = no originality.
Compilations can be protected only if selection/arrangement shows creativity.
The standard is low but real: a modicum of creativity.

Issues

Can names, addresses, and phone numbers from a directory be protected by copyright?
Does a simple alphabetical listing meet the originality requirement?

Rules

Copyright protects original works—independently created and minimally creative.
Compilations are protectable only when selection or arrangement shows creativity.
Facts are discovered, not created—so they are not protected.
Modicum of creativity test: the threshold is low, but non-zero.

Facts (Timeline)

Before suit Rural Telephone, a local phone company, had to issue free white/yellow pages under state rules.

License denied Feist, a regional directory publisher, asked to license Rural’s listings. Rural refused.

Copying Feist still used many Rural listings to fill its own, broader-area directory.

Lower courts Rural won in the District Court and Tenth Circuit for copyright infringement.

1991 U.S. Supreme Court reversed—facts are not protected; alphabetical listing lacks creativity.

Arguments

Appellant: Feist

Listings are facts; facts cannot be copyrighted.
Alphabetical order shows no creative choice.
Copyright law does not reward effort alone (“sweat of the brow”).

Respondent: Rural

Collecting and verifying data took significant effort.
Feist’s copying harmed Rural’s monopoly directory.
The compilation as a whole should be protected.

Judgment

The Supreme Court held no infringement. Rural’s white pages lacked originality because the data are facts and the arrangement (A–Z) is routine, not creative. Copyright law protects creative expression, not effort alone.

Gavel icon representing the Supreme Court’s decision in Feist

Ratio Decidendi

Originality requires independent creation and a minimal creative spark. Bare facts are not original. A compilation is protected only if the selection or arrangement reflects creative judgment. Alphabetical order ≠ creativity.

Why It Matters

Stops monopolies over public facts.
Encourages creative value—unique selection or structure.
Guides database, software, and research projects on what is protectable.

Key Takeaways

Facts are free; expression is protected.
Originality = independent creation + tiny creative spark.
Compilations need creative selection/arrangement.
Sweat of the brow does not win copyright.

Mnemonic + 3-Step Hook

Mnemonic: F-E-I-S-T = Facts, Expression, Independent, Spark, Telephone

Facts are free.
Expression needs an independent spark.
Telephone book A–Z is not creative.

IRAC Outline

Issue	Rule	Application	Conclusion
Are white-pages listings protectable by copyright?	Originality + modicum of creativity; facts are not protected.	Rural’s data are facts; A–Z order is routine, not creative.	No infringement. Directory lacked protectable expression.

Glossary

Originality: Independent creation with at least a small creative touch.
Compilation: A work formed by selecting or arranging preexisting materials.
Sweat of the Brow: Doctrine rejected in Feist—effort alone does not earn copyright.