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Mc Cafferty chose Sabrina, from Charlie's Angels; Viswanathan simply switched to Miss Moneypenny, James Bond's secretary.
But the words expressing the thought were lifted verbatim. Pink indicates identity of wording; green indicates changed wording; yellow indicates the place where the exact words were kept but the order of two disjuncts in a coordination of adjectives was switched.
But that greedy, profitmaking business world was the one that Viswanathan was eager to enter, and get her 0,000 contract from.
If copyright is being enforced with ever more fierceness, that just makes it all the more important to take it seriously (even if you think the law should be changed).
Though these shows were "canned," they have an immediacy that a lot of our modern, technology-assisted radio lacks.
The thrill of hearing Hank encouraging his band to "play it like you mean it, boys," or cracking up at some goofy studio banter, switching sincerely to his closing "If the good Lord's willin' and the creek don't rise" give some sense of who he was beyond the records and the songs he left behind.
And even if the law should be relaxed, it surely shouldn't be relaxed so much as to permit an author to directly lift another active author's scene ideas and carefully chosen phrasings from works only four or five years old.
I think this is a case where a civil judgment might well have been rendered in favor of Little, Brown & Co.
And she did it for profit, and she purloined a dozen other passages from the same author as well — an author who is still writing and trying to earn her living from her work.
Notice in particular that the word brainy was italicized in both the original Mc Cafferty passage and Viswanathan's copying of it!
Unconscious recollection right down to font face selection? I think she had the Mc Cafferty book right there, and copied the stuff out of it. With a snowclone like "If the Eskimos have X words for snow, then Y must have Q words for Z", you fill in your choices of X and Y and Q and Z, but you intend your audience to recognize that they have heard "the Eskimos have X words for snow" before, possibly with your choice of X (though people do make up their own values for X); indeed, the potency of this old piece of nonsense stems precisely from the fact that "the Eskimos have X words for snow" (for many different values of X) has occurred thousands of times before, and almost anyone who reads magazines or newspapers or takes social science classes has run into it somewhere.
Bill Poser is right that copyright is being misused today by big corporations determined to protect the profits they make from the intellectual property in which they invest.
I don't agree with the extensions of copyright limits way past anything reasonable, so that rights of long-dead authors and film-makers and songwriters can continue to be asserted by greedy publishers or heirs decades after they should have become public-domain material for us all to quote and reproduce.
In fact, the full phrase that Hank always used at the end of his Health & Happiness Shows was "If the Good Lord's willing and the creeks don't rise, we'll be sure to hear from you again".