This Note will analyze the results of extending the "practical inevitability" test and creativity standard in the holding of Feist Publications, Inc. v. Rural Telephone Service Co. from works involving the compilation of facts to other works including computer programs, sculpture, signs, fabric patterns and chinaware patterns. It will also discuss the Copyright Office's review of copyright applications for functional objects. The Note will continue with an analysis of the ramifications of the policy of judicial deference to the Register of Copyright's decision on creativity when reviewing a copyright denial. It will conclude with a discussion of the judicial policy that an action for infringement is the most appropriate place to determine the creativity element necessary for obtaining a copyright for functional objects.
Joseph P. Hart,
From Facts to Form: Extension and Application of the Feist "Practical Inevitability" Test and Creativity Standard, 22 Golden Gate U. L. Rev.