Re: Copyright of lists

WEBB, JERE WROTE CA. MONDAY, JANUARY 15, 2007 9:30 PM:

<< I HAVE ALWAYS THOUGHT THE "SELECTION"
PART OF "SELECTION AND
ARRANGEMENT" IS A VERY INTERESTING AND TROUBLING
CONCEPT  . . ..
. . . PUBLISHER PUT INTO "SELECTING" ONLY REAL
LIVING INDIVIDUALS
FOR THE BOOK.  TAKE THIS EXAMPLE:  YOU DECIDE TO PUBLISH A
LIST OF EVERYONE IN A CITY THAT HAS GREEN HAIR.  MANY HOURS
ARE MADE
IMPLEMENTING THIS SELECTION.  COPYRIGHT PROTECTION?  I DON'T
THINK SO. >>

NOR DO I FOR "GREEN HAIR." BUT THAT'S NOT A
SELECTION, THAT'S A SELECTION _CRITERION_.  SELECTIONS DON'T
ALWAYS MAP PREDICTABLY OR OBJECTIVELY TO THEIR SUPPOSED
CRITERIA.  INSTEAD OF "GREEN HAIR" THINK
"AMBITIOUS," "LIKELY TO SUCCEED AS X,"
"SEXY," "LIKED ME," ETC. -- CRITERIA
WHICH WOULD RESULT IN DIFFERENT SELECTIONS FOR DIFFERENT
PEOPLE.

<< SO WHAT WOULD BE A PROTECTIBLE
"SELECTION"  THAT RESULTS IN 
AN ALPHABETIZED LIST BEING PROTECTIBLE?  I CANT THINK OF AN
EXAMPLE. 
CAN ANYONE CITE A RELEVANT CASE?  >>

PRESUMABLY, YOU MEAN THE ADDITIONAL AND UNNECESSARY
SPECIFICATION OF "AN ALPHABETIZED LIST" TO
ELIMINATE THE ARRANGEMENT AND COORDINATION ELEMENTS.  THE
FIRST CASE I THINK OF IS THE SELECTION OF WHAT WORDS TO
REGARD AS MOST IMPORTANT OR SIGNIFICANT FOR AN EARLY
LANGUAGE LEARNER.  MERGER AND SO FORTH DON'T HELP: DIFFERENT
OPINIONS CAN VARY A LOT.  ARE "SE TAIRE" AND
"CON" AND "FOUTRE" HIGH ON THE LIST OR
NOT ON IT AT ALL?  WHAT ABOUT "MEUF"?  "GOTTA
KNOW" OR "IMPORTANT" ARE SELECTION CRITERIA
WITHOUT OBJECTIVE TESTS (UNLIKE, SAY, FREQUENCY COUNTS IN A
CORPUS OF X TYPE OF TEXT VERSUS FREQUENCY COUNTS IN
RECORDINGS OF Y TYPE OF SPEECH).  THERE WAS SUCH A CASE FROM
THE 2D CIRCUIT, IF I RECALL CORRECTLY, ALBEIT FROM THE 40S
OR SO.  

IN FACT, TO SOME EXTENT, "SELECTION" IS THE ONLY
BASIS FOR COPYRIGHT IN TRANSLATIONS EVER:  THE ISSUE IS HOW
MUCH ROOM IS THERE TO SELECT ONE SAME-MEANING, SAME-REGISTER
EXPRESSION OVER ANOTHER SAME-MEANING, SAME-REGISTER
EXPRESSION.  BUT ONCE PAST THE UNCLE TOM'S CABIN CASE (WHICH
HAS ITS OWN EXPLANATION IN VERY NAïVE IDEAS ABOUT
TRANSLATION AND VERY PRACTICAL IDEAS ABOUT WHOSE PUBLISHING
INDUSTRY TO PROTECT), IT'S CLEAR THAT THE RANGE OF SELECTION
-- BECAUSE THAT'S WHAT IT IS -- IN TRANSLATIONS IS
PROTECTABLE.



MIKE TRITTIPO
MINNEAPOLIS, MN



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