Copyrighting a directory

[cxm322]

What is the name of your state? PA

Hypothetical question:

I want to create and market my own directory of US wholesale imoprters. (It will be sold and shipped to consumers both within and outside of my state).

Is it possible to copyright a directory like this? It is simply a list of businesses. It sounds to me as if it would be like trying to copyright a phone book.

What stops another publisher of such a dirtectory from slapping a lawsuit on me because some of my listings happen to be in his directory, as well?

Thanks in advance.

 

[ChicagoLawyer]

Yes directories and compilations can be copyrighted.

What prevents them is that your work is new, derivative of theirs. I would hope you are not simply copying another's work. Plus much of the informaiton you are publishing is public information, company names, addresses, etc.

This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship

 

[cxm322]

Copyright a directory #2

Thank you for your response.

I can tell you that I have not and do not plan to copy someone elses directory.

I am an imoprt/export agent. I know that there are a few directories of US importers out there. Yes, I have seen their contents. But, as you said, all of this info (names of business, adresses, etc.) is public info. So how can one copyright such a list of public information?

If I make a directory and someone copies all of it and publishes their own directory, I can SORT OF understand how they'd be infringing on the copyright i would have for my directory. However, all they have to do is leave at least one listing out of their directory to make their new directory NOT like mine.

I will definitely go ahead and publish my directory no matter what, but I just do not see the point in copyrighting it because it is a list of alphabetical names and contact info of certain types of businesses.

If someone sold me a list of grocery stores with addresses and phone #s in my area code, would they be infringing on, say, Verizon's copyrighted phone book (if in fact it is copyrighted)?

But my main worry is not someone else "copying" my list but for rather a competitor to accuse me of copying his. You say that they could, however, since the list is public info, that would mean that I could spend some time at the library and other places looking for these names and addresses (not to mention the leads I have from conducting my own business). I could make up such a directory without ever viewing anyone elses copyrighted directory.

So how can it be true that a list of public info can be copyrighted and how could one possibly prove that all or part of another's list was compiled by copying info from another directory when all the info in question is public info?

I know that copyrights and law in general are touchy subjects that are mostly neither black nor white, however, I would appreciate a response to this second message in hopes you may clarify your first response a bit more.

Thank you for all you help.

 

[ChicagoLawyer]

what you are ultimately copyrighting is not so much the data itself, as it is publicly available, but your presentation of that data and your spin on it.

Example: Moody's and S&P debt ratings. The amount of public debt a company has is common knowledge, as are their stock prices, etc. from SEC filings. Anyone can get and compile the data. Moodys and S&P go one step further and on top of their compilation add some ratings to the debt. That is what is unique and protectable.

Similarly, a restaurant guide, lists addresses, hours, etc. and offers reviews. The public info is up for grabs, but the reviews are proprietary and copyrighted. You cannot copy the reviews verbatim and sell them as your own.

What gets you into trouble, from the copyright perspective, is when someone tries to copy not only the publicly available data, but also the look and feel of the directory. Think of web sites that try to mimic Yahoo or Google.

It is irrelevant whether person 2 copied the public info from person 1's directory. What is relevant and what is the concern is how much person 2's presentation is like person 1's.

You are hitting on a fairly esoteric issue. I hope this makes sense.

This response is intended as general information only and does not constitute as legal advice or form any attorney/client relationship