Legal Question in Intellectual Property in New York
Copyright on poll RESULTS (not the method used)?
I recently gathered data by referring to several polls and stated opinions on the same subject presented by different parties (example: Top 100 ''common widgets'' polls) the data presented were in simple list form with no extraordinary methods of procurement or presentation.
I combined all data and resorted core data based on the appearance of a single ''widget'' on multiple polls, ranks in the different polls, etc. I then presented the new ''master list of Top 100 common widgets'' and came up with a individual, original, creative presentation of this new list.
One author of one of the source polls is threatening ''cease and desists'' when he found out (it was no secret) a poll he posted was used as part of the process.
The only common factors in our data is a small percentage of single ''common widgets'' in my list appears on his list albeit in a different order (since again, other similar lists were used in the compilation) and the presentation method could not be more different (his: simple ordered list of text; mine: artistically stylized chart). I'm of the understanding that his list, presented as fact, i.e. ''these are polled results'' isn't copyrightable but his method of presentation (if he had one) is. Should I be worried?
1 Answer from Attorneys
Re: Copyright on poll RESULTS (not the method used)?
Anytime anyone threatens litigation, you should be a little worried. However, based only on what you have stated in your question, it appears that you do not have much to be concerned with. Having said that, I recommend that you consult an attorney with intellectual property knowledge and experience for a comprehensive opinion. The attorney will review all of the facts of your situation and advise you accordingly. In addition, the lawyer can draft a response for you to send to the other author or can send it on your behalf.