On Sunday 04 December 2005 09:38 am, Francesco Poli wrote:
> If I understand correctly what you mean, you are talking about
> statistics automatically generated by a specific program that counts
> words in the document, or something similar.
>
> If this is the case, I would say there's no creativity in the statistics
> generation process.
> Probably no creative _expression_ from the original document ends up in
> the statitics, either.
> Then, the statistics are not eligible for copyright protection, that is
> to say, they are not copyrighted.
Yes, that's right on. The final document that will be produced (as described
at least) is not a copy of the original and is not a derivative since it does
not involve an act of authorship.
But more importantly, the counting of the instances of a word is almost
without question an act of fair use because the only reason you would engage
in the counting is to then say something about that count. Such a statement
is part of criticism (positive or negative) which is one of the central
purposes of the fair use doctrine.
I think it's a pretty open and shut.
--
Sean Kellogg
3rd Year - University of Washington School of Law
Graduate & Professional Student Senate Treasurer
UW Service & Activities Committee Chair
w: http://blog.probonogeek.org/
So, let go
...Jump in
...Oh well, what you waiting for?
...it's all right
...'Cause there's beauty in the breakdown
On Sunday 04 December 2005 09:38 am, Francesco Poli wrote:
> If I understand correctly what you mean, you are talking about
> statistics automatically generated by a specific program that counts
> words in the document, or something similar.
>
> If this is the case, I would say there's no creativity in the statistics
> generation process.
> Probably no creative _expression_ from the original document ends up in
> the statitics, either.
> Then, the statistics are not eligible for copyright protection, that is
> to say, they are not copyrighted.
Yes, that's right on. The final document that will be produced (as described
at least) is not a copy of the original and is not a derivative since it does
not involve an act of authorship.
But more importantly, the counting of the instances of a word is almost
without question an act of fair use because the only reason you would engage
in the counting is to then say something about that count. Such a statement
is part of criticism (positive or negative) which is one of the central
purposes of the fair use doctrine.
I think it's a pretty open and shut.
--
Sean Kellogg
3rd Year - University of Washington School of Law
Graduate & Professional Student Senate Treasurer
UW Service & Activities Committee Chair
w: http://blog.probonogeek.org/
So, let go
...Jump in
...Oh well, what you waiting for?
...it's all right
...'Cause there's beauty in the breakdown
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