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To: Gondring; Jean S
Mostly, though, I believe it was for the headline compensation.

Then their "case" (legal or business one), however bad it is now, is in even deeper doo-doo:

1. Headlines for the same [and edited from the same "base"] articles may be different depending on publication.

2. News headlines, just like titles of the books and movies cannot be copyrighted, they are exempt.

145 posted on 06/20/2008 8:29:00 PM PDT by CutePuppy (If you don't ask the right questions you may not get the right answers)
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To: CutePuppy; Jean S
Then their "case" (legal or business one), however bad it is now, is in even deeper doo-doo:

Note that however valid your points are for copyright issues, this is not necessarily a direct copyright-violation issue (though, again, IANAL). Misappropriation doctrine is a separate issue, and so the headline-copyright exemption doesn't apply. Though the NBA v. Motorola case weakened the issue somewhat, I don't think the factors mentioned in that case are applicable to provide cover for AP headline misappropriation claims.

As to your first point, the basic premise of INS v. AP seems to have been held through the more recent revisions in the law. That is, regardless of the wording, the information conveyed can be protected under the "hot news" doctrine.

Note, however, that I'm not an expert in this, and I have not been involved in the AP negotiations, etc.

148 posted on 06/20/2008 9:35:06 PM PDT by Gondring (I'll give up my right to die when hell freezes over my dead body!)
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