RE: RE: How Many Trees? (WAS: URGENT: Immediate ethical issue)

Subject: RE: RE: How Many Trees? (WAS: URGENT: Immediate ethical issue)
From: "Gillespie, Stephen (Contractor)" <Stephen -dot- Gillespie -at- Persnet -dot- Navy -dot- Mil>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Tue, 6 May 2003 08:10:43 -0500


Kim Roper of Canada again questions whether a written expression is
copyrighted/able:

>I'm not a lawyer, so verify this for yourself.

In Canada, copyright is conferred immediately upon completion of an artistic
work. It is not contingent on registration.

"10,380 pine trees" is a fact, not an artistic expression. It would be
polite to credit the source, and it might say something about credibility.
But copyright infringement? This is where we distinguish between "writing"
and "typing" (or between a monologue and yelling "C'mere Cletus!" during a
monster truck rally, whatever works better for you).

The courts in most of Canada operate under common law and are assumed to
apply reasonable interpretations of the law and the materials put before
them.

Now, if "10,380 Pine Trees" is the trademarked name of a country band, you
might have a problem.<


I'm not a lawyer, either, Kim (coulda been one, but not quite sorry enough
;-)
But to the point I was trying to make (and this for your fellow Canuck, Mark
Barker as well), there's a big diff between my written expression of the
research on 'how many trees' and a hockey game score from reading the
newspaper box scores. The former information, I OWN - the inherent
creativity you have referred to is that I did the research, I *created* the
information (vs. getting it second-hand).

BTW, I never been to a monster truck rally - do they have some good ones up
there?

have a nice day,
Steve G.

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