[WikiEN-l] Plot Element Copyright

[WJhonson at aol.com]

In a message dated 9/17/2008 5:30:16 PM Pacific Daylight Time,  
mark at formonelane.net writes:

There  was a case about two years ago --- my, how time flies! --- where a 
Wikipedian  had written a mutli-sub-page retelling of the story of 2001: A Space 
Oddysey,  interspersed with analysis of the film's themes and the significance 
of its  special effects.  Not only did it go into incredible depth of 
analysis,  it also re-told the entire story (quoting every line of dialogue, 
describing  of every action).  There was nothing (apart from the spectacle of  
Kubrick's direction, of course) that could be gained from watching the film  that one 
wouldn't also get from reading the articles.

*That's* a  copyright infringement.>>


--------------------------
Yes and no.  "quoting every line of dialogue" of course *copies* the  script.
The script itself is a copyrightable item, independently of the film and is  
so copyright just by virtue of its existence in tangible media.  I'm sure  
everyone agrees with that.
 
It's your opinion that this multi-sub-page analysis was a copyright  
infringement, but there is a wide exception to "copying in its entirely" at  least 
under US Copyright Law, if the purpose and actual result is  a critique of that 
work.  Personally I would not suggest people try to  exercise that particular 
part of US Copyright Law, as it's almost always  entirely unnecessary to copy 
the *entire* script merely to critique it.   However, for example, with images, 
you almost always need to present the entire  image in order to 
satisfactorily acquaint your audience with it, in order to  present your criticism.
 
Will Johnson



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