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Famed quotation isn't dead -- and could even prove costly | 234 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Famed quotation isn't dead -- and could even prove costly
Authored by: Anonymous on Sunday, November 11 2012 @ 07:05 PM EST
Ay, there's the rub. First offense, failure to accurately quote;
second offense, failure to pay ...

[ Reply to This | Parent | # ]

Famed quotation isn't dead -- and could even prove costly
Authored by: dio gratia on Sunday, November 11 2012 @ 08:12 PM EST

News Pick Famed quotation isn't dead -- and could even prove costly.

You're first impression might be that the Faulkner estate is claiming something that should be covered by Idea-Expression Merger doctrine, in particular based on the misquote. More readily a defense of lack of substantial similarity might be appropriate (see A. The Idea-Expression Cases and Other Copyright Principles in The Idea-Expression Dichotomy In Copyright Law by Edward Samuels.

Substantial similarity leads to the third factor in the four factor test of 17 USC ยง 107 (Fair use):

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. the effect of the use upon the potential market for or value of the copyrighted work.

Contrary to "It puzzles me that people think size matters" as expressed by Mr. Caplin, it appears size does matter. The amount of copying alleged is restricted to 9 words in a misquote out of the entirety of Requiem for a Nun compared to the movie version of 'Midnight in Paris'. There should be a marked lack of substantial similarity, noting an allusion was made to the Wilson character having met Faulkner and attribution given for the misquote.

[ Reply to This | Parent | # ]

  • Greed? - Authored by: Anonymous on Monday, November 12 2012 @ 06:03 PM EST
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