> Amid a lot of fat flying, Placenta Jinn wrote:
>
>> "Names, titles, and short phrases or expressions
>> are not subject to copyright protection.
>
> Not copyrightable: "Hubert." "Hey, Joe!" "Love Is
> Good." "Have you seen my umbrella?"
Yes, not copyrightable.
>
> Copyrightable: "To be or not to be, that is the
> question." [Or, 1) it would be, if it wasn't already
> in the public domain 2) practicability: Even if it
> were under copyright, it would still be subject to
> use under the "fair use" clause sans original author
> being remunerated.]
The copyright holder, which is not necessarily the author.
>
> Not copyrightable: "Is life worth living?" NOR is the
> idea in the Shakespearean speech that "suicide might
> be good, but it may hurt" copyrightable. However
> THE WORDS specifically used to express it ARE most
> copyrightable (if Shakespeare were alive today).
No. Only the work as a whole is copyrightable.
Phases in it aare not.
>
> As is, "Paradise calls me with a cyanide tongue!"
Not even close to copyrightable.
> ... same idea expressed in a novel sweep of words
> is now under copyright, since one no longer need
> register it with The Library of Congress... but only
> "fix" it in a permanent form, such as paper, CD, or
> a hard drive (as is the case here). Arguably, its
> "short" phrases are NOT copyrightable: "Paradise
> calls me" , "cyanide tongue." The key is KNOWING
> the difference between "short" and "not so short."
The shortest thing that can be copyrighted is a poem.
Copyright law is specific to salable entitites.
>
> A grey area is behind a lot of the moral outrage
> you've seen lately over plagiarized passages/ideas
> (reworded by the "plagiarists").
Ummm... reworded... wrt poetry, isn't plagiarism.
> The mountains of
> prose stolen here are like dirt, pebbles, and dust...
> usually rather "prosaic" passages (piles) of phrases
> which no copyright judge would ever consider
> copyrightable in & of themselves. Only the sheer
> amount of (the thief's gall) is likely actionable.
Maybe, but keep with poetry.
>
> Practicality: How does one argue that the copyright
> violation of an original phrase (such as the one
> above) has caused enough damage to the author to
> even warrant going to court? Aye, there's the rob! [sic]
Phrases are NOT copyrightable... even if novel.
I don't know how long they must be, but I assume they
would need to be the whole poem.
Only entire literatry works are copyrightable, not parts.
The fact that karla must prove is that my disparate phrases
in a movie, constitute a derived work of her poem.
(which is absurd... just eyeball it if you can find her poem)
>
> This is why copyright laws are NOT so much designed
> to stop infringement as to recover damages. In effect:
> Let the plagiarist him/herself prove the damage he/she
> caused the original author BY making a ton of money
> with the stolen material... then the judge simply
> transfers said ton of money to the original author.
> End of story.
Yes. In poetry there is no money, so I bet copyrights
have no relevance. The whole discussion is ludicrous.
The poetry community is too thin.
A plagiarist wouldn't have a chance of /making money/.
The whole concept is -- the unpublished/frustrated poet
flattering themselves
to think anyone cares about their talentless drivel.
>
> Which does not mean that you can steal whatever you
> like provided you make no money from/with it, because
> you can do a LOT of emotional damage when you steal
> somebody's "heart treasure."
Gee.. Great... They should learn to be more resiliant.
Read some better poetry... It is out there... :)
> And a lot of judges are
> very keenly sensitive to this sort of heartless thieving.
That judges allege phrases are copyrightable?
HA!!!! Can you point to any case that is close?
Ever read any copyright law... Me.. LOTS
Judges need to follow the law, and don't care that much
about whining poet's vanity cases (my guess)
Copyright law was created to protect commercial interests.
...or at least potentially salable objects. (a few phrases from a
bad-worthless poem isn't such an object(s))
I suggest she wise up.
>
> But poets can only dream some commercially-minded
> thief steals his/her poem and makes a million with it!
The case I have with karla is:
Pure vanity, and vacuous... since phrases aren't
copyrightable.
But perhaps I should charge.
Get the poets whining... then charge for the non-infringements.
> [They can only dream of this because it ain't likely
> to happen--For one thing, it's not great poetry that
> makes a ton of money (or any at all) but the, "Duh!"
> of some cheerleader: "Duh ya wanna feel my boobs?"
>
> "Man, that was the most moving movie I ever saw,
> dude!"]
"Man, that was the most Langston Hughs I ever seen,
dude!"
>
>> Even if a name, title, or short phrase is
>> novel or distinctive or if it lends itself to a play
>>on words, it cannot be protected by copyright. The
>>Copyright Office cannot register claims to exclusive
>>rights in brief combinations of words such as:"
>> ---
http://www.copyright.gov/circs/circ34.html>
> Not copyrightable: "pizzaface" , "lardbutt" , "meat-
> head" . etc. The keyword is "short."
No... These are absolutely not copyrightable.
(only
a literary work: poem
seems the smallest /work/, and I contend that
a single poem has little protection... if
it wants to be FAMOUS and valuable...)
Not /slogans/ ... not /quotations/... NEVER
Not even: 'Scareface' or 'Superman'
...but they may have trademark issues, -- that has
little to do with poetry.
Patents are a favorite topic... *(but not relevant to
poetry...)
***Collections*** of poems, printed and bound have
a marginal value... self-publishing recommended if you aren't
fucking a publisher already.
>
<>
>
> Hey: Tell that to Hallmark!
I'm sure they are aware of copyright law, and have
lawyers on staff, that visit courtrooms regularly...
(Mostly with other card companies if I had to guess)
How's Trenton?
This time of year, in my youth, I would be outside
of Sea Isle City.
--
-------------------------------------------
AJ -
http://ClitIn.Com e In.
(800 folders. -- kiddie-filtered -- FREE,
Usenet Porn.)
