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Andrew,

Thanks very much for calling this matter to our attention.  A rather 
intriguing judicial definition.  However, if the poems weren't in the 
public domain, I wonder how much the reprint fees would have been, either 
per word or per poem?  And can anyone cite comparable reprint fees for 
literary criticism, either per word or per whole text (say 2000 to 5000 
words)?

Barry