"Fair Use" Not in OED

Barnhart barnhart at HIGHLANDS.COM
Tue Feb 14 17:00:26 UTC 2006

I have repeated the two fair uses posited by Dennis until I can no longer
feel sure of a distinction, if I ever did.

Is this a matter of stress and juncture?  Is there something akin to white
house and white house or light house and lighthouse.


American Dialect Society <ADS-L at LISTSERV.UGA.EDU> writes:

>---------------------- Information from the mail header
>Sender:       American Dialect Society <ADS-L at LISTSERV.UGA.EDU>
>Poster:       "Dennis R. Preston" <preston at MSU.EDU>
>Subject:      Re: "Fair Use" Not in OED
>How do we know when a term is a term. If I said
>"He didn't make very fair use of his background advantages among his
>schoolmates" I take that not to be a term.
>But if I say
>"That's not in accordance with the fair use principle of copyright."
>it is.
>Might not the 1847 use be part of the birth of a term rather than a
>term itself? How can we tell the difference between a completely
>transparent collocation and its emergence as a term?
>Just thinkin.
>>         I understand that the term is used in Curtis, A Treatise on
>>Law of Copyright 236 - 37 (1847), in the chapter on Infringement of
>>Copyright, the first paragraph of which reportedly includes this
>>passage:  "[W]e must bear in mind that while the primary object
>of the
>>law of copyright is protection to the product of all literary labor,
>>interests of knowledge demand a reasonable freedom in the use of all
>>antecedent literature. To administer the law in such a manner as not
>>curtail the fair use of existing materials, in any department of
>>letters, is one of the great tasks of jurisprudence."
>>John Baker
>>-----Original Message-----
>>From: American Dialect Society [mailto:ADS-L at LISTSERV.UGA.EDU] On
>>Of Fred Shapiro
>>Sent: Tuesday, February 14, 2006 8:50 AM
>>Subject: "Fair Use" Not in OED
>>The copyright law term _fair use_ is not in OED.  The coinage is said
>>occur in the case of Lawrence v. Dana, 15 Fed. Cas. 26 (1869).
>>Fred Shapiro
>>The American Dialect Society - http://www.americandialect.org
>Dennis R. Preston
>University Distinguished Professor
>Department of English
>15C Morrill Hall
>Michigan State University
>East Lansing, MI 48824
>preston at msu.edu
>The American Dialect Society - http://www.americandialect.org

The American Dialect Society - http://www.americandialect.org

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