Re: This sentence is uncopyrightable (period).

cni-copyright[_at_]cni.org writes:
>[A] What is the shortest expression (in bits) for which a court has
>upheld
>a copyright?

Since short phrases, by law, are not protectible, it generally takes some special quality to kick in protection. The shortest expressions protected by courts -- "Me Tarzan, You Jane" and "ET, phone home" were both linked to protectible characters and the judges protecting these phrases may have borrowed more from trademark logic than copyright law. (Especially considering that the phrase "ET, phone home" was never spoken in the movie.)

Ashleigh Brilliant's "I may not be perfect but parts of me are excellent" was protected, probably because of its high degree of ingenuity. Other short phrases have been protected in conjunction with musical phrases or visual imagery. And courts have indicated that nonsense phrases such as Lewis Carroll's "Twas brillig and the slithy toves did gyre and gimble" were also capable of protection.

It's presumed by your question that you mean "shortest expression" consisting of words. One could also ask what is the shortest musical expression since that issue is often at the heart of sampling disputes.

Rich Stim
Nolo Received on Thu Oct 24 2002 - 17:20:18 GMT