Re: Beall-Steal 2001

Interesting questions here, Hayden. I took
Copyright Law and other IP courses in law school ; I'll try
giving your quandries a shot.

 What is "copying
the works of others"?

In terms of legality, a
decent rule of thumb is to appropriate someone else's
creative process for one's own gain is wrong. 

" If
espn.com lists the winners of the Heisman and their
school, is copying that information for a bonus
unethical?

In terms of copyright law, no. Facts themselves are
not copyrightable. (Imagine a world where you had to
pay someone to publish the fact that Topeka is the
capital of Kansas.) 

"What if a Stark Trek fan
site lists all the references in episodes to
Shakespeare? Does the fact that they took the time to get that
information mean anything? Should the writers be credited in
the question?"

 This isn't quite as cut and
dried as a listing of Heisman Trophy Winners, but I
don't necessarily think the person has any legal claim
against a question writer who appropriates this
information. Effort in and of itself does not create copyright
protection ; however, here one runs the risk of taking an
arrangement of facts and misappropriating them. In an ideal
world, question writers would list sources (both for
acknowledgement as well as allowing editors to check the source
for themselves) but it's sort of time-intensive to do
that for every question and I understand why that is
generally not standard practice. 

" What if you go
to cdnow.com and get a biography of U2, then rewrite
it as a tossup? What if you use only one
clue?"

 It's bad form to cut and paste from a web page
entry, and is likely a copyright violation. Fortunately,
the nature of QB as we play it generally forces
question writers to in some way rearrange the wording,
phrasing, and order of such things if nothing else.
Specific facts about U2 are non-copyrightable ; the words
someone else might use to express them are copyrightable.


" What if you go to the Archive, find two questions
on Bach, and combine them?"

 Again, the
literal facts about Bach are not copyrightable. However,
I think this is bad form for a variety of reasons.
It may reward someone who has heard (or written) the
same string of words before in a Bach question and/or
may be replicating another writer's factual error.

Whether or not the copying rises to the level of
copyright violation, I wouldn't recommend this.


-Tim Young (Esq.) :)

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