Over at PrawfsBlawg, Dan Markel notes that his decision to post a scanned copy of the U.S. News ranking led to a call from the General Counsel’s office at U.S. News asking him to take down the .pdf he had scanned (which he has). There’s more in the comment thread at Concurring Opinions.
Here’s a question for the copyright types out there: Between the question of what is copyrightable under Feist, and what is fair use under 17 U.S.C. 107, how much information can a non-profit website (such as this one) post about the U.S. News rankings without running afoul of the copyright law? Assume the information is retyped and reorganized, not scanned in. Is just a list of the rankings permissible? The rankings with the overall scores? Rankings with the overall scores and peer assessment scores? Rankings with the overall scores, peer assessment scores, GPA range, LSAT range, and faculty-student ratio? I don’t know if the answers to these questions are clear, but I assume lots of people are wondering about them. If copyright experts out there can shed some light, the rest of us would appreciate it.