RE: RE: How Many Trees? (WAS: URGENT: Immediate ethical issue)

Subject: RE: RE: How Many Trees? (WAS: URGENT: Immediate ethical issue)
From: Kim Roper <kim -dot- roper -at- pixelink -dot- com>
To: "TECHWR-L" <techwr-l -at- lists -dot- raycomm -dot- com>
Date: Mon, 5 May 2003 16:49:49 -0400

Stephen Gillespie wrote

> (according to Dick Margulis, who has it on good
> authority that if I WROTE it, it's INSTANTLY/AUTOMATICALLY
> copyrighted),

I'm not a lawyer, so verify this for yourself.

In Canada, copyright is conferred immediately upon completion of an artistic
work. It is not contingent on registration.

> and then someone comes along and writes their own paper, using
> the fact that I had discovered ("10,380 pine trees") and publishes it -
> crediting me for the information - are you saying that's NOT plagiary
> (copyright infringement)?

"10,380 pine trees" is a fact, not an artistic expression. It would be
polite to credit the source, and it might say something about credibility.
But copyright infringement? This is where we distinguish between "writing"
and "typing" (or between a monologue and yelling "C'mere Cletus!" during a
monster truck rally, whatever works better for you).

The courts in most of Canada operate under common law and are assumed to
apply reasonable interpretations of the law and the materials put before

Now, if "10,380 Pine Trees" is the trademarked name of a country band, you
might have a problem.

Cheers ... Kim


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