derivative work of a dictionary

[Manny M.]

What is the name of your state? Texas

Hello everyone,
I'm working on a personal project--I suppose you could call it a hobby--that involves making an online dictionary. I know there are already many online dictionaries out there (www.dictionary.com, www.bartleby.com, and others); however, I would like to add more advanced searching and sorting features to my dictionary. So, getting right to my question: how much of an existing published dictionary am I allowed to use? I am assuming that I cannot use the actual text of each definition, but can I at least use the word list? (all the words in the dictionary, sans definitions). The end goal of my website is commercial (I am hoping to make the site popular, so I can place ads on it and make money). Thanks very much in advance.

 

[quincy]

The Copyright Act says that "in no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work." For a dictionary, this means that you can use the "fruit" of someone else's labor, without compensation, as long as you do not use their particular selection of words, their particular phrasings of the meanings, their particular presentation of the contents, and their particular means of publication.

Copying material from published dictionaries is, thus, discouraged. Many compilers of dictionaries will, in fact, include a few bogus entries to help them discover those who pirate the copyrighted portions of their material.

Entries, in other words, are not copyrightable, as the words themselves are facts, and facts cannot be copyrighted. How these words are compiled, example sentences used, instructions for use of the dictionary, et al - these are all copyrightable and cannot be used in your own dictionary.

I would review your dictionary with a copyright lawyer prior to publication, to avoid any legal problems.

 

[Manny M.]

Thanks for the reply, Quincy. What if I run each word from the published dictionary (say, the American Heritage Dictionary) through a spell-checker, and select for my dictionary only those words that pass? Or would I be better off compiling my own list of words from scratch (by reading through books, newspapers, etc.)? Also, would I be able to get by if paraphrase and maybe add to the definitions from an existing published dictionary? Again, thanks in advance.

 

[The Occultist]

Quincy told you you may use any words you want, as words are facts and not subject to copyright. If you reread his post, the questions you just asked are answered.

 

[Manny M.]

If that's the case, then I will attempt to answer my own questions, based on my interpretation of what Quincy said:
Q: Would I be better off compiling my own list of words from scratch (by reading through books, newspapers, etc.)?
A: Not necessarily, but it is a safer way to avoid accusations of plagiarism.

Q: Also, would I be able to get by if paraphrase and maybe add to the definitions from an existing published dictionary?
A: Yes, because I would not be using "their particular phrasings of the meanings".

Is this correct?

 

[quincy]

One way to think of dictionaries is to think of them like phone books.

All of the names and addressess and phone numbers in a phone book are facts - and cannot be copyrighted, so all phone books will contain the same names and addresses and phone numbers (although, like dictionaries, many phone books will contain intentional errors to prevent direct copying).

In addition, putting all of the names alphabetically is done in all phone books, just as all words in a dictionary are arranged alphabetically (although, in the case of phone books, some will cover more area codes and, in the case of dictionaries, more or different words).

But, basically, the facts are the same. And you can use phone books, and the facts compiled, as a basis to create your own phone book, just as you can use dictionaries, and the facts compiled, as a basis to create your own dictionary. To create your own dictionary from scratch is not necessary - and would take years - but is certainly one way to go about it. Most compilers, however, will use the facts from several different dictionaries and add or discard words based on their own chosen factors - some will include slang, some will eliminate archaic words, and so on.

Copyright comes into play in many ways - for phone books, there will be different fonts used, bolding, drawings, ads, maps, diagrams, some will have quotes or fun facts, some will have separate sections for government and residential and business numbers, some will offer coupons. So, while the facts remain the same, the phone books can be quite different.

This is the same with dictionaries. Dictionaries will sometimes include maps, illustrations, word origins, abbreviations, and so on. These are the copyrightable areas.

Word definitions cannot, obviously, vary greatly - a rose is a rose is a rose, afterall (unless, of course, it is a pink wine or a feminine name or a compass card or a perforated nozzle for a hose or a pinkish red color or a gem cut. . . . ). The definitions you use in your own dictionary, however, should not be identically worded to those of other dictionaries, while still remaining accurate.

Good luck! You have quite a job ahead of you!

 

[Manny M.]

Awesome answer Quincy! That covers just about everything I need to know. Thanks a whole lot

 

[quincy]

You're welcome!