RE: Re: music playlists

From: Pablo Palazzi <p.palazzi[_at_]cekd.com>
Date: Fri, 01 Apr 2005 14:35:30 -0500

The case reminds me the dispute between the NYTimes and Amazon regarding the NYT bestseller list of books (available at
<http://www.nytimes.com/pages/books/bestseller/index.html>
http://www.nytimes.com/pages/books/bestseller/index.html). Because that case was settled we do not know whether a "bestseller list" would be copyrightable (See
http://news.com.com/2100-1017-229583.html?legacy=cnet
<http://news.com.com/2100-1017-229583.html?legacy=cnet> ). However, not
everybody agrees that the NYT can own or copyright that list (

http://www.salon.com/tech/col/rose/1999/06/23/times_bestsellers/


<http://www.salon.com/tech/col/rose/1999/06/23/times_bestsellers/>  and

http://www.wired.com/news/business/0,1367,20031,00.html

<http://www.wired.com/news/business/0,1367,20031,00.html> ). The list may be
uncopyrightable because a bestseller list is a fact.  

This case is different. The music playlist on any we site may be created based on a certain personal selection, and that criteria may provide copyright protection to the list (as a compilation) if that selection is original. The fact that the list of songs may be ordered alphabetically does not render the copyright thin (as in Feist).  

Automated software programs performing multiple successive queries on competitors web site ("bot scraping") may be illegal. See the "Ebay" case and "Register.com v. Verio" (356 F.3d 393). I think that in this trespass cases, the copyrightability of the information is not an issue.  

Pablo A. Palazzi
CABANELLAS, ETCHEBARNE, KELLY & DELL'ORO MAINI San Martin 323, piso 17 - Buenos Aires - C1004AAG Tel: (5411) 4114-5593 / Fax: (5411) 4114-5555 e-mail: p.palazzi[_at_]cekd.com      

-----Mensaje original-----
De: Lalpdx1[_at_]aol.com [mailto:Lalpdx1[_at_]aol.com] Enviado el: Jueves, 31 de Marzo de 2005 06:05 p.m. Para: CNI-COPYRIGHT -- Copyright & Intellectual Property Asunto: [CNI-(C)] Re: music playlists

I have not looked into this subject, but you might want to consider whether lists of facts selected according to certain criteria or preference are copyrightable, even though arranged in an obvious order. There might be readily accessible case law relevant to this. For example, what of the various Top 100 lists that abound? What if a person were to publish, in alphabetical order, a list of the top 100 "oddest" entries taken from a city telephone directory? What of a list of the most "significant" dates or events from the 20th century, listed in chronological order? Do no such lists enjoy copyright protection? If they do, are they distinguishable from play lists, which are, as I understand them, alphabetical lists of certain songs selected from numerous others, presumably according to certain criteria or personal preferences? Larry Received on Sat Apr 02 2005 - 00:35:30 GMT