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The point in question:
The issue here is, in other words, whether this is infringement:
"Not with ten thousand men could you .... It is folly!"
I - obviously - can't see how it can be, as you see on my previous reply. The criteria set up by the US federal court through their rulings.
Stilton:
Which is why we must look at previous decisions by the courts of law to get an idea of the laws' interpretation.
Using 10 words out of LOTR which contains about half a million words is in my opinion a clear example of de minimis.
Also, since you asked: In my previous reply I stated that it was fair use due to:
1. copied portion represents neither substantial nor material part of history:
If the sentence had not been in LOTR, LOTR wouldn't have been a less successful (or creative) piece of literature.
2. is insignificant in value and extent of copyrighted material
10 words/500.000 speaks for itself.
3. does not prejudice sale, diminish profits, or supersede objects of original work
Actually, after a thought, this might make people want to get the book/movie. It's not like you can read this line, and then don't have to read LOTR.
4. copied material has no effect on sale of novel
See 3.
5. does not relate to theme of history(in copyrighted material)
The sentence "Not with ten thousand men could you do this. It is folly!" doesn't include reference to any plot, character, idea or concept in LOTR. Nor does the copied material.
6. copyright proprietor can not be damaged by use of the sentence.
Noone is going to be upset at Tolkien for the use of the copied text. It's not like it's a porn site that's using it.
Yes, 300 words, I've found that reference as well. That's 30 times as much as what we're discussing here. And taken from a substantially shorter text.
The sentence in this case - "Not with ten thousand men could you .... It is folly!" - does not constitute a significant part of the work (qulitatively nor quantitatively), so the court decisions are clear: It is de minimis.
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