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The appeals court found that a "trial was required to determine if
Silverstein had exercised any creativity."

haha!

KS

On 09/11/2007, andrew burke <[log in to unmask]> wrote:
> Here's a snippet of an article in 'Money' magazine about a judge's
> definition of poetry:
>
> Keenan's 79-page decision included legal and literary history. He
> offered a brief description of [Dorothy] Parker _ "the famous writer
> who was a member of the Algonquin Round Table" _ and a detailed
> summary of what constitutes a poem.
>
> "A poem sometimes possesses rhyme or meter, though this is not
> necessary," Keenan wrote. "A poem is typically free from the usual
> rules of grammar, punctuation and capitalization." In a footnote, he
> cited testimony that before "World War Two, a poem almost always had
> rhyme or meter." Now, "the popular definition of poem has become much
> more lenient."
>
> Among the factors in Keenan's decision: Whether a 1920 letter from
> Parker to fellow wit Robert Benchley, written in rhyming couplets, was
> easily defined as a poem. Silverstein testified that it wasn't and
> that he had demonstrated creativity by including it in his book.
>
> On the contrary, Keenan wrote, "where a line does not fit within the
> margins, it is indented below and kept apart from the next line in
> order to preserve the rhyme scheme.
>
> "The Letter to Robert Benchley is objectively recognizable as a poem."
>
> Full article at
> http://money.cnn.com/news/newsfeeds/articles/apwire/4a30b27d0cb6a619f022a61fd51d368a.htm
>
> --
> Andrew
> http://hispirits.blogspot.com/
> http://www.flickr.com/photos/aburke/
>