Here, Feist had copied the names, towns, and telephone numbers of Rural’s subscribers. These were merely un-copyrightable facts, however. Moreover, Rural had arranged this information in alphabetical order by last name within its own white pages. This arrangement was not original and creative, but rather “is an age-old practice, firmly rooted in tradition and so commonplace that it has come to be expected as a matter of course.” Because Rural’s white page listings were not copyrightable material, Feist’s copying of those listings was not copyright infringement.

FACTS Rural Telephone Service published a standard telephone directory, with “white pages” listing Rural’s subscribers in alphabetical order, and “yellow pages” listing business subscribers by category and offering classified advertisements. Feist Publications, a publishing company specializing in area-wide telephone directories, sought a license to use Rural’s white pages listings. When Rural refused permission, Feist used the listings without Rural’s consent. Rural sued for copyright infringement, arguing that Feist was not permitted to copy Rural’s information, but rather had to obtain the information directly via telephone surveys or door-to-door solicitations of Rural’s subscribers. Feist argued that the information that it copied was not protected by copyright law. The lower courts ruled in Rural’s favor; Feist appealed.