Legal Question in Intellectual Property in New York

Advertising Restrictions

I am interested in creating a telephone book for my community. I want to know if it is illegal to take company information out of another directory like the yellow pages, place them in my own directory and distribute them free of charge.


Asked on 4/16/05, 6:44 pm

1 Answer from Attorneys

Gerry Elman Elman Technology Law, P.C.

Re: Advertising Restrictions

If you are talking about generating a "straight" telephone directory with the facts of name, address and phone number, you're probably in luck. This issue was decided fourteen years ago by the U.S. Supreme Court in Feist Publications, Inc. v. Rural Telephone Serv. Co., 499 U.S. 340 (1991). The Court held that the "facts" in a telephone directory are not subject to copyright.

The Feist case dealt with "white pages." Whether or not this principle applies precisely to what you propose of course depends on additional factors, so it would be wise for you to consult an attorney who practices in the field of intellectual property for specific advice.

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Answered on 4/17/05, 10:43 am


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