Oprah Winfrey Not Guilty Of Copyright Infringement For Discussing America's Chubbiest President
from the idea-vs.-expression dept
Last year, we wrote about a plainly ridiculous lawsuit filed against Oprah Winfrey, claiming copyright infringement, because she apparently mentioned some factual information on TV that had been included in a booklet sent to her in the hopes that it might be promoted. Apparently, the bit of information was the fact that William Howard Taft was the US's "chubbiest president." As we pointed out at the time, it was hard to see how that was any form of copyright infringement, so it's nice to see that the court has agreed, and sided with Oprah, while giving the plaintiff a quick lesson in how copyright law works:Copyright law protects only an author's original expression; historical facts and information in the public domain are not copyrightable. Id. at 547-48 ("[N]o author may copyright facts or ideas."); .... ( "[C]opyright protection does not include facts and ideas, but only their expression."). There is "thin" copyright protection for an author's choices as to the presentation of factual matter.... This protection, however, is limited to the author's original, creative contributions, since copyright "protects only the elements that owe their origin to the compiler-the selection, coordination, and arrangement of facts"....Now, can we get Oprah to do a show on how copyright law is abused?
The material plaintiffs seek to protect here is not original. Plaintiffs argue that Winfrey infringed Harris's copyright in his booklet by referring to an historical fact, President Taft's weight... Winfrey's use of this fact, even if she learned it from Harris's booklet, does not infringe any copyright Harris may have held. This information is not original to Harris, but rather is a piece of "raw data" that preexisted Harris's booklet and is available from numerous external sources.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: copyright, oprah winfrey, william howard taft
Reader Comments
Subscribe: RSS
View by: Time | Thread
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
Looks like California (shocker) does, or at least did recognize the tort at one time. A cursory Westlaw search spit out a several older decisions from that state. Some more recent opinions, i.e., those after '76, indicate that such state law claims are often preempted by 15 U.S.C.
[ link to this | view in chronology ]
Re: Re: Re: Chubby is as Chubby does, Sir!
Yeah, or how about a show on the Chubbiest Talk Show Host?
CBMHB
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
Good day to you, nuts, as you've just started mine off with a splendid heart-felt joy.
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
No plagiarism
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Sheeesh some people will never learn.
(/s - jic)
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Re: Re:
[ link to this | view in chronology ]
I'd rather to see her do an exposé on online voting manipulation...
[ link to this | view in chronology ]
it's OPRAH!!!
she can download every song on Limewire and redistribute it, copy and sell entire Harry Potter books for herself (just change the names), and use a color copier on Picasso and she STILL would get away without any penalty!!!!!
(sarcasm btw)
[ link to this | view in chronology ]
Re: it's OPRAH!!!
[ link to this | view in chronology ]
protection of factual information
[ link to this | view in chronology ]
Maybe not wrong, but at least a bit shitty
She is in a position where she makes names for lots of people through promoting their works, but from my perspective she is quite discriminating in who she promotes and sho she burns, and as a result I personally avoid purchasing anything promoted by her.
[ link to this | view in chronology ]
Re: Maybe not wrong, but at least a bit shitty
In this particular case, though, mentioning a single fact that she learned from the booklet is forgivable IMO. I can spout many pointless facts and I could not tell you from whence they came.
I realize part of your point is that she is very calculated in her "mentionings" and that may have been the case here. But whether it was or not is unknowable and cannot be proven.
[ link to this | view in chronology ]
http://copyrightlitigation.blogspot.com/2011/03/oprah-winfrey-wins-copyright-battle.html
What are the chances? I mean...she reads this guy's "booklet" and then someone asks a question that relates only specifically to something in the book?
But wikipedia also has the information about Taft's obesity...the problem is, you'd have to wonder how she would have known the answer to that without using some sort of research...perhaps because had recently read it in that booklet?
I don't know, but I'd have to agree it isn't copyright infringement...the rest (morale or not?) depends entirely on how she came about that knowledge.
[ link to this | view in chronology ]
Re:
Someone could have had it popup on the teleprompter.
[ link to this | view in chronology ]
Re: Re:
Although, not every book/booklet/phamphlet is "good", and she might have opted not to say anything if she didn't like his book or found it of little value. After all...the old adage is "if you can't say anything nice, don't say anything". On the other hand, she may not have read it, but the producer or whoever puts random questions in the teleprompter read it.
[ link to this | view in chronology ]
How many lawsuits are just to get attention
[ link to this | view in chronology ]
Re: How many lawsuits are just to get attention
[ link to this | view in chronology ]
Re: Re: How many lawsuits are just to get attention
[ link to this | view in chronology ]
The worst part is when people invited to speak on that show post a video clip of themselves talking. Big mistake - Oprah Winfrey owns everyone's own words, too, even though she paid nothing for it.
[ link to this | view in chronology ]