"Fair Use" Not in OED

Dennis R. Preston preston at MSU.EDU
Tue Feb 14 19:19:50 UTC 2006


No distinction of the sort you seek whatsoever; the distinction is
between "ordinary collocation" and "legal term."


PS: I'm glad I provided you with this exercise.

>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

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

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