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I'd add a number of additional complications.

* Is the material copyrightable? A novel is copyrightable, but a recipe is not. The layout format of a telephone book is copyrightable, but the contents of it are not.

* Is the copyright still in effect? Unfortunately, this is a less relevant question now, as anything written within living memory is under copyright, but it is still a required step.

* Is permission from the copyright holder required? If I am sold a copy of a computer program, I'm allowed to make whatever copies are necessary (e.g. copying from the hard drive to RAM) that are necessary to execute the program, without the permission of the copyright holder.

* What is being done with the copy? If I buy a work, the copyright owner has no right to prevent me from selling it, nor are they entitled to any portion of the proceeds. Re-sale of authorized copies, regardless of permission, are not infringements.



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