Re: Is creating an index for a book an infringement of the author's copyright?

From: Bob Stock <bstock[_at_]ucla.edu>
Date: Sat, 07 Mar 1998 08:39:20 -0800

On 3/6/98, Jamie Powers <jamie[_at_]srgpe.com> wrote:
>
> On 03/05/98, James Rogers <jetan[_at_]ionet.net> wrote:
> >
> > If a lurker may comment, the index is independant of the work
> > being commented on. Were you taking material from the work, it might
> > be that you would have some concerns, However, simply constructing a
> > "key" shouldn't cause you any problems.
>
> An index must track the work it is abstracted from. Abstracts are
> derivative works. Derivative works require authorization.
>
> Hence, a well done index (one which substantively outines the work
> in question) requires authorization. This issue was faced by the
> abstracting industry which eventually created an alliance of information
> abstracters to address this problem.
 

Just because an index is abstracted from a work doesn't make it an abstract of that work. For the purpose of this discussion an abstract is defined as:

"a summary of points (as of a writing) usually presented in skeletal form; also : something that summarizes or concentrates the essentials of a larger thing or several things."

An index, again in this context, is defined as:

"a list of items (as topics or names) treated in a printed work that gives for each item the page number where it may be found."

Both definitions are from Mirriam Webster's web dictionary at

   http://www.m-w.com/cgi-bin/dictionary/

I'm also not sure that I agree with your characterization of an index ("substantively outlines the work"). An index is an alphabetical list of topics contained in the work and page numbers for the topics. Better indexes contain different ways a reader might think of those topics so that the reader can find the page number more easily. It's true that a comprehensive list, standing alone, gives someone an idea of what the work is about, but it doesn't summarize any points, nor does it in any way capture the essence of the work or a part of the work. As James, not Jamie, said it provides a key to the work. It facilitates finding elements of the work, but it doesn't attempt to synthesize or summarize those elements.

In a cursory look at the caselaw I was unable to find anything that discussed an index (or abstract) being a derivative work. I was wondering if you had any decisional support for your conclusion.

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Bob Stock <bstock[_at_]ucla.edu>
UCLA School of Law '98
http://www.geocities.com/Paris/1206/

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Received on Sat Mar 07 1998 - 16:38:33 GMT