Re: Re: Re: Copyrighting a collective work of fair use

Subject: Re: Re: Re: Re: Copyrighting a collective work of fair use

Comments:
: : : Dear Mr. Slate, : : : There is no legal doctrine that is absolute. Fair Use is not that clearly defined so that you can be sure you are not going to get static. : : : 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? : : Ralph Slate : Dear Mr. Slate, : Copyright is not censorship but you are limited in copying anothers "mode of expression". speculationg on how far youcan go can wind up in court even if you are right. Court is expensive. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop® : E arly L egal A dvice I s N ot E xpensive™ : Reality Check®

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