Q: May a list of applications(and their topics) I created to be considered copyrighted?
I own a few hundred similar apps in different topics. Each topic is a result of a lot of research(keywords, popularity, etc). Someone just copied all my "topics" one by one and uploaded similar apps(same topic, same functionality) to the store. The list of my apps is available in my promotional website and the eula prohibit copying. The list of topics is unique, zero statistical chance for "accidental" similar creation. I would like to know if this list is protected by copyright law. Its unique and a lot of research put into it. I'm planning to file a DMCA against that developer, do I have a case? If so, what is the correct name for his violation. Thank you
A:
One of the most cited copyright cases is Feist Publications, Inc. v. Rural Telephone Service Co, 499 U.S. 340 (1991), which established that some minimum creative contribution is required for mere information to be protected by copyright. That is, facts cannot be copyrighted, there must be something more in the way of commentary or creative organization, which itself is protectable.
In this case, Feist copied Rural's telephone listings after Rural refused to license the information. The main holding of the court is that copyright can only be applied to the creative aspects of a collection of facts, like the creative choice of which data to include or exclude, the order and style in which the information is presented, but not the underlying information itself. If an alleged-infringer were to rearrange the information, it would destroy the copyrighted owned in the collection of information.
Interestingly, Rural included phony telephone listings to detect copying, old map-makers have also included fake cities to detect copying.
To answer your question directly, an attorney would have to review the underlying facts in this case of alleged infringement and advise you of your rights and the merits of an infringement action.
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