Bifalgorithm post · Property · 2.03[E]. The same is true of all facts

Thin Copyright

Thin Copyright (Property · 2.03[E]. The same is true of all facts) — "Where the compilation author adds no written expression but rather lets the facts speak f…

Ideas in this flowchart

  • Copyright in factual compilations is limited to original expression in the selection and arrangement of facts.
  • When no written expression is added, the expressive element lies in how the compiler selects and arranges the facts.
  • Original selection and arrangement may qualify for copyright protection.
  • The facts themselves do not become original merely through association with an original format.
  • Because protection does not extend to the facts, copyright in a factual compilation is thin.
  • A subsequent compiler may use facts from another publication to prepare a competing work.
  • The competing work must not reproduce the same selection and arrangement.
  • Facts and ideas remain free to be restated or reshuffled, even when the original author first discovered them or proposed them.
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Thin Copyright

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Property

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"Where the compilation author adds no written expression but rather lets the facts speak for themselves, the expressive element is more elusive. The only conceivable expression is the manner in which the compiler has selected and arranged the facts. Thus, if the selection and arrangement are original, these elements of the work are eligible for copyright protection. No matter how original the format, however, the facts themselves do not become original through association. This inevitably means that the copyright in a factual compilation is thin. Notwithstanding a valid copyright, a subsequent compiler remains free to use the facts contained in another’s publication to aid in preparing a competing work, so long as the competing work does not feature the same selection and arrangement. No matter how much original authorship the work displays, the facts and ideas it exposes are free for the taking. The very same facts and ideas may be divorced from the context imposed by the author, and restated or reshuffled by second comers, even if the author was the first to discover the facts or to propose the ideas."

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