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amigo_boy

join:2005-07-22
Reviews:
·magicjack.com

reply to Sammer

Re: You can't copyright FACTS!

said by Sammer:

said by karlmarx:

The postings are FACTS. Their is nothing on the list deserving of copyright. The owner of the website knows this, which is why he's basically telling them to f*ck off. You cannot copyright a FACT. A price list is a FACT, not a derivative work.
Sure you can ...
Mr. Marx is correct. You can't copyright facts. For example, the White Pages lacks sufficient creative expression to warrant protection. It's just facts (name, phone), printed without embellishment, sorted in a natural (uncreative) way.

Yellow pages contain similar facts, but are arranged into cateogories, the generation of which and selection into are creative expression. And, the facts are embellished with hyperbole.

A price list is more like the white pages. If it were significantly ornate, the overall price list could be copyrightable. But, the individual prices would be a fact.

Mark


Steve
I know your IP address
Consultant
join:2001-03-10
Yorba Linda, CA
kudos:5

said by amigo_boy:

A price list is more like the white pages. If it were significantly ornate, the overall price list could be copyrightable.
Have you actually read the document? It's not a price list - it's policies and procedures that look fully like a creative work to me. A few paragraphs contain dollar amounts, but it's certainly not just a table of item/price.

Steve
--
Stephen J. Friedl | Unix Wizard | Microsoft Security MVP | Orange County, California USA | my web site

amigo_boy

join:2005-07-22
Reviews:
·magicjack.com

1 edit

said by Steve:

It's not a price list - it's policies and procedures that look fully like a creative work to me. A few paragraphs contain dollar amounts, but it's certainly not just a table of item/price.
I agree. I was just addressing Mr. Marx who said facts can't be copyrighted (and the other fellow who said they can). I was giving an example of what are facts, and how information adorning facts can make them copyrighted, or remain copyrighted even though the facts can be extracted. I said verbatum copying isn't allowed under fair use.

I wasn't trying to say the use in question is ok (or equivalent to White Pages). Just put some definitions to what he and Mr. Marx said.

Mark

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