3 ms·

> it is impossible for a copy of the Mueller report to be infringement since it cannot be copyrighted This is specious reasoning. The report could contain an i

> it is impossible for a copy of the Mueller report to be infringement since it cannot be copyrighted This is specious reasoning. The report could contain an independent copyrighted material, like a previously published poem verbatim, "used with permission". So copies could be automatically flagged for infringement of that material. The "public domain" document is tainted.

kd5bjo 8y ago
If that were the case, reproducing the quoted parts of the copyrighted material embedded in a complete reproduction of the public-domain report would almost certainly fall under the fair use exception. The law is written to be interpreted by reasonable people, and computers are neither reasonable nor people — this sort of automatic detection should only be used to trigger a human review and not directly make enforcement actions.
- deleted 8y ago
  [deleted]
gpm 8y ago
I am not a lawyer - I would appreciate it if a lawyer could confirm or reject my understanding - I think it's actually the opposite (but take this with a grain of salt): This would be a derivative work of the material it is quoting. Derivative works aren't protected by both the original copyright and the copyright of the person who prepared the derivative work, only the latter. Since the US government does not gain a copyright on derivative works that means the entire derivative work is in the public domain. You can make copies of it, distribute it, prepare further derivative works (such as cutting out everything except the poem! Though maybe not a good idea to test that plan), etc. The only exception to this would be (I think) if the report was created in violation of copyright law, but there's no way that this would not be found to be fair use. All the standard factors are in it's favor. There is a strong public good in it's favor.
- Meph504 8y ago
  Firstly not a attorney, but have spend the last several years working hand and hand with a large number specifically related to these issues. My take away is as follows Including copyrighted material in its entirety and original form in a different work does not make it derivative. It's original copyright stands. A quick requirement for derivative work. The derivative work must demonstrate transformation, modification or adaptation of the original work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright.
danso 8y ago
I don’t think the Mueller team would break the law in the publishing of their own report.

kd5bjo 8y ago

If that were the case, reproducing the quoted parts of the copyrighted material embedded in a complete reproduction of the public-domain report would almost certainly fall under the fair use exception. The law is written to be interpreted by reasonable people, and computers are neither reasonable nor people — this sort of automatic detection should only be used to trigger a human review and not directly make enforcement actions.

deleted 8y ago
[deleted]

gpm 8y ago

I am not a lawyer - I would appreciate it if a lawyer could confirm or reject my understanding - I think it's actually the opposite (but take this with a grain of salt): This would be a derivative work of the material it is quoting. Derivative works aren't protected by both the original copyright and the copyright of the person who prepared the derivative work, only the latter. Since the US government does not gain a copyright on derivative works that means the entire derivative work is in the public domain. You can make copies of it, distribute it, prepare further derivative works (such as cutting out everything except the poem! Though maybe not a good idea to test that plan), etc. The only exception to this would be (I think) if the report was created in violation of copyright law, but there's no way that this would not be found to be fair use. All the standard factors are in it's favor. There is a strong public good in it's favor.

Meph504 8y ago
Firstly not a attorney, but have spend the last several years working hand and hand with a large number specifically related to these issues. My take away is as follows Including copyrighted material in its entirety and original form in a different work does not make it derivative. It's original copyright stands. A quick requirement for derivative work. The derivative work must demonstrate transformation, modification or adaptation of the original work must be substantial and bear its author's personality sufficiently to be original and thus protected by copyright.

danso 8y ago

I don’t think the Mueller team would break the law in the publishing of their own report.