Feist, Not a New-Line of Jurisprudence
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It was believed that Feist decision replaced ‘sweat of the brow’ argument for providing copyright protection to factual compilations. Removal of sweat of the brow theory from the ambit of copyright protection was held detrimental for future production of databases. This chapter shows that Feist decision was not unique and it re-iterated existing copyright law in US. Feist tried to resolve the conflict relating to the threshold of originality in limited circuits. The threshold standard stated for copyright protection was not a surprise for the US Copyright Office. Further, the guidelines of Feist decision have been consistently followed in decisions dealing with the question of copyrightability of factual compilations.