RE: [cni] Re: Attribution is not required in public domainmaterials

Being truthful itself, of course, does not: but an obligation to attribute restricts the freedom to use the classics without attribution. Such use could, in itself, be a form of expression.

Plagiarism is not the only way in which one can conceive of works being used without attribution. Many of Shakespeare's most resonant writings are now commonplace in the language ("Friends, Romans, Countrymen... To be or not to be....): should, say, a contemporary playwright be forced to provide explicit attribution each time she uses such an extract? Respect or homage  for the classics need not be express.

For a modern writer to present the works of a long-dead author as his or her own is, indeed, unconscionable; but I doubt whether any new legislation is needed. No new copyright would subsist in such works; were the modern writer to claim copyright, he may well be guilty of a fraud. But generally, I would have thought that the mischief in not attributing content to long-dead authors is not sufficient to justify the attention of lawyers, judges and juries. Leave it to critics and scholars.

Edward Barrow
New Media Copyright Consultant
http://www.copyweb.co.uk/
***Important: see http://www.copyweb.co.uk/email.htm for information about the legal status of this email ***

On Tuesday, June 10, 2003 4:02 PM, Michael Graham [SMTP:mgraham[_at_]marshallip.com] wrote:
> Joseph:
>
> No, I cannot impose my opinion on others. However, I am unclear on how
> being truthful in attribution threatens free speech?
>
> Michel R. Graham
>
> -----Original Message-----
> From: Joseph Pietro Riolo [mailto:riolo[_at_]voicenet.com]
> Sent: Monday, June 09, 2003 9:48 AM
> To: CNI-COPYRIGHT -- Copyright & Intellectual Property
> Subject: [CNI-(C)] Re: Attribution is not required in public
> domainmaterials
>
>
>
>
> On Fri, 6 Jun 2003, Michael Graham <mgraham[_at_]marshallip.com> wrote:
> >
> > I am sorry. Attribution should be required -- Shakespeare to the
> > contrary. It seems to me to be both courtesy and truthfulness that
> > require this. The idea that plagiarism must be permitted to protect
> > "Freedom of Speech" turns my stomach.
>
> You are entitled to your personal opinion. But, do you think that it is
> a good idea to impose your opinion on me and other people who don't
> agree with you? Is it okay for you to tell me what and how I must say
> in my speech and write in my works?
>
>
> > Oh, and most artists do attribute the inspiration/source of their
> > works.
>
> That is their choice. If they feel like to tell where they get ideas
> from others, that is their business. If they don't want, that is fine
> also. People do that all the times.
>
> Freedom (any freedom) is always a double-edged sword. It can be used
> for good purposes or it can be used for bad purposes. (Just ask any
> parents of teenagers.)
>
> In respect to this thread of discussion, it is far more important to
> protect the freedom of communication as much as possible not just for
> this generation but for future generations and requirement of
> attribution is a threat to that freedom.
>
>
> Joseph Pietro Riolo
> <riolo[_at_]voicenet.com>
> http://www.boycottcopyright.com
>
> Number of days left until 1-1-2019 when all knowledge of 1923 in the
> land of the U.S.A. will be freed from their copyright owners' prisons:
> 5,686
>
> Public domain notice: I put all of my expressions in this
> post in the public domain.
>
>
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<https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. Received on Wed Jun 11 2003 - 19:27:01 GMT