[dano]

This was discussed on TechDirt, without conclusion, in 2009. http://www.techdirt.com/articles/20090924/2309516315.shtml and this is the oft referenced SCOTUS ruling on the matter http://en.wikipedia.org/wiki/Feist_v._Rural

Even better explanation of SCOTUS ruling http://www.law.cornell.edu/copyright/cases/499_US_340.htm