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Old 12-29-2007, 03:41 AM   #138
ath
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Quote:
Originally Posted by JSWolf View Post
Yes it is. It is the stealing of ideas.
No it isn't.

Copyright (in its pure form) only protects form -- the form an idea is given, and only if that form shows sufficient amount of individual creativity. Sweat of the brow is not copyrightable. (There are some exceptions, but as this is a general point, those are not relevant for the moment. Sweat of the brow can under certain circumstances be protected by so-called 'catalogue copyright', but that is one of those exceptions, and such protection is limited to just a few years after publication anyway.)

The idea 'the 10 best short stories of the year' (typical anthology title) is not likely to be expressed in the same choice of stories by different editors -- and so we have grounds for copyright protection.

But if the idea covers the entire area ('all short stories printed in <suitably chosen periodical> in 2007') no or very little individual creativity is possible, and so that particular idea can only be given one form. I suppose they could be given a different order (book A gives order by author name, book B order by publishing date), but that's about how far it can be pushed.

I repeat: Copyright does not protect ideas: it protects the particular form an author has given an idea.
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