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Re: [tr-m] "Plagarism" and Fair Use was Re: [troosevelt] Check This Out From The Weekly Standard

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  • Robert Allen Fairbairn IV
    In its most basic form, a copyright or patent is a combination of grants and reservations whose purpose is to promote innovation and enhance consumer welfare.
    Message 1 of 2 , Jan 26, 2002
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      In its most basic form, a copyright or patent is a combination of grants and
      reservations whose purpose is to promote innovation and enhance consumer
      welfare. In both the European Union and the United States the limited
      monopoly power granted to holders of Intellectual Property Rights oftentimes
      brings them into direct conflict with those who seek to use these patents
      without attribution or payment.

      According to Black's Law Dictionary, fair use is the "reasonable and limited
      use of a copyrighted work without the author's permission, such as quoting
      from the book *in a book review* or using parts of it *in parody*." This
      "reasonable and limited use" argument may be extended to e-mails and our
      other discussions in this forum or personal exchanges. It does not, however,
      extend to quoting another historian or copying their language without
      attribution in another written copyrighted publication. That is simple
      theft.

      The Historian's stock and trade are ideas and the words they use to express
      them. In order to construct new interpretive models, historians must fairly
      and accurately cite their sources so others may look at the deep structures
      of their arguments. These sources include and, indeed must include, the
      works of other historians. Failure to attribute language or a theory to the
      true author undermines the underpinnings of historiography and damages, in a
      very real way, the true author's reputation and effort. This is due to the
      fact that the plagiarist is presenting this idea as their own and, by
      copyrighting their work, they are setting themselves as the true owner of
      that idea against the entire world.

      As for "Big Business's" utilization of copyright infringement actions, I
      will leave that matter for an off-list discussion.

      Robert Fairbairn



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