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Subject: RE: Bradbury Owns that Name
From: (No Email available)
Date: 2004-06-22 11:01:23


The Associated Press Briefing on Media law states that, "to determine whether a particular use [of copyrighted material] is fair, courts are required to evealuate [1]the purpose of the use; [2] the nature of the copyright work that is used; [3]the amount and substantiality of the portion used in relation to the work as a whole; and [4] the effect of the use on the potential value of the copyright work."

Bradbury owns the name Fahrenheit 451, not the word "fahrenheit" or that word followed by a number.  Moore's intent is clearly to draw a comparison between the world of Bradbury's book, where information is destroyed to keep the people dumb, and our own world, where information is destroyed to keep the people dumb.  A comparison is not, technically speaking, a copyright infringement.  He has not stolen Bradbury's title if it is the recognition of that title which was the original point.

But with the right controlling the house, senate, executive branch, most lower courts, and the supreme court, Moore might be facing a real problem here.


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