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Fair Use of Copyrighted Subjects

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  • 06-07-2010, 05:55 PM
    nortonius
    Fair Use of Copyrighted Subjects
    I have seen the discussions of fair use of copyrighted works, and I am still fairly confused about a few things.

    How does something like Cliff Notes fall under fair use? Are they not profiting from the intellectual property of the copyright owner, and more specifically, the name and brand recognition of content? I understand brief summaries, quotes or reviews typically fall under fair use, but the entire book is that type of content.

    Furthermore, how does something like the Simpsons on Philosophy work?

    Are you allowed to write about a subject that may be copyrighted, if what you write is original content?

    Is there a difference between writing a new work exclusively about one copyrighted subject, versus writing about it in a collection of similar subjects. For instance, a biography of one politician versus a collection of biographies about politicians.


    Thanks for any help you can offer.
  • 06-08-2010, 11:57 AM
    LawResearcherMissy
    Re: Fair Use of Copyrighted Subjects
    Quote:

    How does something like Cliff Notes fall under fair use?
    They're not reproducing the work, they're merely writing about it. Copyright law does not prohibit one from writing at length about another book. Rather, it prohibits the complete reproduction (copying) of that work.

    It has nothing to do with profiting from your summary of someone else's work.


    Quote:

    Are you allowed to write about a subject that may be copyrighted, if what you write is original content?
    Yup. And then you hold the copyright for that work.
  • 06-12-2010, 03:26 PM
    paleolith
    Re: Fair Use of Copyrighted Subjects
    Quote:

    Quoting nortonius
    View Post
    Are you allowed to write about a subject that may be copyrighted, if what you write is original content?

    Subjects are not protected under copyright. Neither are ideas. The expression is what is protected.

    Edward
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