Son of The Curse of The Greedy Copyright Holders

Author/journalist/teacher Jules Older has his say -

Back in the annals of time, in the mists of antiquity, in Writers Lifeguard 34, I wrote about The Curse of The Greedy Copyright Holders. It went like this:

I'm grateful to GrahamBeattie ( http://beattiesbookblog.blogspot.com ) for alerting me to this article in the Wall Street Journal: http://online.wsj.com/article/SB10001424052748704608104575220551906611796.html

            The subject is a vexatious one for authors, editors and publishers, alike. What should we do with copyrights? With requests for permissions? With contracts that revert profits to the company on the author’s death?
             It doesn't answer these questions but provides a feast of food for thought.
            Here's a quote:
          When I asked to use a single line by songwriter Joe Henry, for example, his record label's parent company demanded $150 for every 7,500 copies of my book. Assuming I sell enough books to earn back my modest advance, this amounts to roughly 1.5% of my earnings, all for quoting eight words from one of Mr. Henry's songs.
          I love Joe Henry, but the price was too high. I replaced him with Shakespeare, whose work (depending on which edition you use) is in the public domain.

That was then — July 9, 2010. Now, let us return to our subject. As a YouTube videographer (www.YouTube.com/julesolder), I find it evermore vexatious. Do I ask for permission to use a background song from a 1936 movie? If MGM or UA says, “We have to consult our legal department,” I won't get the video out for an eternity. If they say, “Sure, but you have to pay for it,” I won't get it out at all.

Note to the uninitiated: Like most YouTubers, I make zero money from my productions.

In my quest for doing right, avoiding lawsuits and not going to jail, I've consulted trademark lawyers, professional videographers, musicians, writers and Apple creatives. They all say the same thing: “Nobody knows. The law is murky. There's no right answer.”

And most of them take their chances.

Now, I've read a rare, clear, short explication of copyright, fair-use doctrine, ethics, politeness, law, and all that. It’s by my favorite blogger — and one of my favorite thinkers — Seth Godin. Here's the nut of it:

Most web users should know a few simple guidelines, principles so simple that you can generally assume them to be rules. (Worth noting that whether you are in the right or not, a lawyer on retainer can still hassle you--not fair but true):

You don't need to ask someone's permission to include a link to their site.

You don't need to ask permission to include a screen shot of a website in a directory, comment on that site or parody it.

You can quote hundreds of words from a book (for an article or book or on your website) without worrying about it and you certainly don't need a signed release from the original author or publisher. Poems and songs are special exceptions. Then you can worry.

There's a difference between being polite and observing the law. If you quote something (an idea, a notion, a recipe), the right thing to do is give credit.

OK, I've given Seth credit, and I urge you to read the whole thing: http://sethgodin.typepad.com/seths_blog/2012/01/simple-thoughts-about-fair-use.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+typepad%2Fsethsmainblog+%28Seth%27s+Blog%29

If you do, be sure to link to Seth’s PPS. It’s a sad tale but an important one if you want to stay out of court.

— jules