Re: Re: Copyrighting a collective work of fair use
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Posted by Ralph Slate on January 16, 2003 at 02:49:08:
In Reply to: Re: Copyrighting a collective work of fair use posted by M Arthur Auslander on January 16, 2003 at 00:23:52:
: Dear Mr. Slate,
: The only superficial certainty is that works before 1923 are now out of copyright.
I agree with what you say, but there are always degrees of certainty. Copying a CD and selling it on eBay is pretty certainly not fair use. Quoting an unimportant line from the middle of a play in a review is pretty certainly fair use. The devil is in the middle.
I'm not trying to establish the fair use for the first usage; I'm trying to figure out if fair use of items in the collection negates the ability to copyright a collection, and if there is any copyright protection with respect to the selection of fair use items used in the collection. I'm looking for scholarly thoughts on that legal concept. Any suggestion for theoretical legal debate, if not here?
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