Sunday, September 04, 2022

Quantity vs Quality


There once was a pilot, a situation comedy TV series, and a spin-off movie called, "Never Mind The Quality, Feel The Width." 
 
That sounds like the start of a joke. I apologize for the lack of a punchline, but nostalgic anglophiles might like to read Ronnie Barker's biography for some superb jokes and thought-provoking philosophy... which is an absolute non-sequitur, because, as far as I can tell, Ronnie Barker had nothing to do with "Never Mind The Quality, Feel The Width."

"NMTQ,FTW" was about the clothing trade in Britain, in which two tailors, one an Irish Catholic, and the other Jewish who set up shop together in the East End. Situational hilarity ensued. The title of their work became a byword (or by-sentence) for valuing quantity over quality.
 
The same (Never mind the quality...) preference applies to copyright infringers and their defenders. There is a common perception, perhaps reinforced by this case, that as long as an excerpt lifted from a copyright-protected work is a fraction of the work, copying is "fair use". 

Legal blogger Jim Astrachan provides a fresh perspective for the law firm Goodell, DeVries, Leech & Dann LLP in discussing a case of when a relatively small excerpt of 400 words from a 7,500-word memoir might give away the plot and all the juicy bits, hook-line-and-sinker (to turn a phrase).
 
Jim Astrachan's hook is a remarkable quote from Judge Learned Hand.
“…no plagiarist can excuse the wrong by showing how much of his work he did not pirate.”
 
IP Law link:
 
For more quotes from the Judge:
 
Another new-to-me law firm, O'Hagan Meyer PLLC provides an update on a topic I have dealt with before, the copyright status of those small but intensely interesting floor plans that realtors and others tend to display online to assist potential buyers in evaluating their interest in homes for sale or rent.

O'Hagan Meyer link:

Credits to Dana J. FinbergStephan F. Andrews, and Timothy R. Evanson for what might be a warning to real estate professsionals.

All the best,

Rowena Cherry

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