[APG Public List] Copyright and obits

Pat Asher pjroots at att.net
Wed Nov 4 13:38:52 MST 2009

At 02:48 PM 11/4/2009, Stephen Danko wrote:
>Many newspapers sell access to transcriptions of
>the obituaries they publish. Free on-line access to transcriptions
>of those obituaries would seems to violate the fourth factor to
>determine if the intended use is fair:
>"The effect of the use on the intended market for or value of the
>copyrighted work."

But if the "death notice" is not copyrighted in the first place 
because it contains only facts, then fair use does not come into play 
because the notice is public domain.

Pat Asher 

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