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Old 07-29-2003, 05:11 PM   #41
KaVir
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Join Date: Apr 2002
Name: Richard
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Better, better, but your example is not only unusual, it also deals with a case whereby the infringer copied key parts of the copyrighted work (ie creative concepts, in the same way as a character from a novel can be copyrighted beyond the actual words that describe him or her). The same could certainly not be said about the quote which sparked this thread, which would quite clearly be considered de minimis.

Note that copying a sentence and a half from a book of 142 pages has been considered "de minimis", as has copying 30 characters out of 50 pages of source code. ()

See also : "Braun copied fifteen sentences from the Avatar Course materials. The district court found that these fifteen sentences represent de minimis infringement"

Also worth noting is Aberto-Culver Co. v. Andrea Dumon, Inc., 466 F.2d 705 (7th Cir. 1972) which held that the phrase "most personal sort of deodorant" is not copyrightable.
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