As Ascenray said, copyright covers expressions, not facts. The idea of a list of “fat burning foods” cannot be copyrighted, nor even the specific items on such a list. What is copyrighted is the specific expression of that list–the title, say; any descriptions of the items; even possibly the ordering of the list (though not if the ordering is of a factual nature, such as by calorie count or alphabetically).
If you wish to use the list in your own work, I’d advise a two step process:
First, make notes of the facts on the list. Write down the specific items, and if the descriptions make factual statements, make a note of those facts. Do not simply copy the book word for word; take notes as if you were in a class. Your link above, on eggs, says “To be safe, stick to just egg whites. Either way, eggs are a great source of protein.” Write down “eggs: whites only, high protein.”
Second, put away the book. Never look at it again. Write up your own list, using only your notes as a source. Your list will have all of the same facts on it, but it will be in your words.
Wait a minute, you’ve been on a diet for three days, which you may or may not like, and you may or may not get some friends to follow, and depending on that you may want to create a book, website, or pamphlet, in which you might want to quote something from another work? This isn’t even a theoretical question, it’s a daydream.
I’m not a lawyer, and no one but a lawyer can give you a good answer–but the answer is going to depend on a number of things, including the context in which you place the material you use–whether that material a list, a picture, a piece of video, or what have you. You don’t have any context. You haven’t done anything and you don’t even know what you want to do. No lawyer could or would advise you.
I’m not a lawyer but I do have some experience with fair use. It can in fact make fair use harder to assert if you get a “no” first, or so the lawyers I’ve used tell me. (A clear case in which it is better beg forgiveness than ask permission!) And what constitutes fair use is going to vary depending on the lawyer who reviews your work.
In my line, all that matters is that a lawyer acceptable to my insurance company signs a letter saying that all material not paid for falls under fair use. The insurance company will then pay to defend my film against claims of copyright infringement. But claims of fair use aren’t black and white–there can be a discussion with the lawyer about how and how much to use quoted or borrowed material to make it fall under fair use.
TL; DR write your book or pamphlet or website first, then think about fair use.
I guess, too, if people are discussing lists vs. transformative, etc. -
If all you do is copy his list - then you are copying. The whole purpose of copyright is to prevent copying without permission. If the list is an essential, integral part of his work - then essentially you are riding on his coattails.
If you research 20 different books, some government pamphlets, etc. -and come up with your own “belly fat removal” list - combining from multiple sources, adding some removing others, with a commentary pointing out why by your ideas, some things should and should not be on the list - then you have produced an original work.
If the content of his list is specific and fairly unique, based on his ideas (i.e. you mention his idiosyncratic selectivity in nut choices) then simply parroting it without further enlightenment is obviously copying.
If the list is, say, 2/3 of the total content of your work - hard to argue you are quoting as part of your own work.
I believe the academic fair use simply means you are quoting a work (anything) in the process of analyzing it for academic enlightenment, which may (more likely) or may not be published for an academic setting.
I’m an author, and though I haven’t sold quite 8 million books I do get requests like this from time to time. If someone sent a casual note asking to use “basically the entire chapter” and said he didn’t know what or how it would be used for, I’d laugh out loud. (An ENTIRE CHAPTER, for god’s sake. Even if the material in question is mostly a list, saying you want an entire chapter sounds huge.) And “basically” the entire chapter? You can’t even be specific enough to say exactly what you’re asking for?
You’re essentially asking me to just give a complete stranger permission to do whatever he wants with a portion of my work.
That’s absurd. I’d be sure to keep that email on file and periodically Google your name to see if you stole my chapter.
This doesn’t speak to the legalities of it all and whether this particular list is copyrighted or just something the author found and reprinted. But boy, that’s a great example of how not to contact an author with a request.