Alphax (Wikipedia email) wrote:
Ray Saintonge wrote:
Alphax (Wikipedia email) wrote:
mboverload wrote:
Someone explain to me how a screencap is ANY
different than a quote from a
book.
Quotes are factual (somebody said them), and facts cannot be copyrighted.
Wow! Some people really work hard to prove they haven't got a clue.
Quotes may be factual, but they are not facts. What is copyrighted is
the way something is expressed rather that its informational content.
Sometimes they become merged when the two are indistinguishable. The
merger principle can render something uncopyrightable; this was the
basis for Lexmark's loss over the copyrightability of the software in
its ink cartridges. When the work in question is fictional you are less
likely to be dealing with facts, and unless the work is in the public
domain the use of any quotation from it is an example of fair use.
Picking up the quote from a work about the work doesn't change that.
You misunderstand me. First, you abuse me when I'm trying to explain
something to someone without flaming them for not understanding; second,
what is a quote if it's not a factual saying? Even made-up quotes are
factual in that someone made them up; even quotes from a book are
factual in that someone wrote the book they come from.
What I was saying was that the copyright issue is irrelevant to the
original research issue. A quote taken directly from a novel or
indirectly from an encyclopedia is still the same quote. Its copyright
status, whether fair use or not, remains the same. It's no different
for a picture. While the encyclopedia may very well present that it is
a fact that the novel said what it said, this kind of meta-factual
process does not change the nature of what is quoted. It is not
justification for characterizing the clear application of fair use as
something else.
Oh, and if quotes are copyrightable (and we can only
use them under
"fair use"), please explain to me how Wikiquote can exist?
I did not say that quotes were copyrightable; you cannot claim copyright
on something that is already copyright by someone else, or is in the
public domain. I said, "...unless the work is in the public domain the
use of any quotation from it is an example of fair use" Wikiquote can
exist because of fair use.
Ec