If there are hot issues in copyright, then surely a real thorny one is copyright and fair use. Are fair use laws fair and if so, to whom? The problem with fair use is that it’s a slippery thing and hard to keep a hold on the definition as it seems to often be changing. The easiest thing to do for the time being is to spell out what exactly fair use is.
It’s simply too easy to launch into some hysterical or even calm discussion of fair use or any other copyright or e-book related matter without knowing the basic facts behind the argument, and this reminds me too much of dinners at home in which everyone is speaking at once and yet nobody has done the proper research to know with any authority what it is in god’s name they are talking about. I swore as a child that as a journalist I would research thoroughly, and though I may at times be wrong, or my sources unreliable, I would do my very best to see that they were not and that things added up as they said they were.
Here, instead of relying solely on government guidelines, I checked with various universities since they often deal with fair use more than anyone for paper handouts and things of this nature, book excerpts; music schools, sequences of music; television and media related classes and schools and so on deal in that media or mixed media. So - what I’ve done here is followed what many schools have done, which is to break the subject of fair use down into what the law says is acceptable and then we can have a discussion about whether or not this is fair and/or equitable. This much makes sense to me and I hope it does to you too.
One essential rule of thumb to remember is that it is not you who will be deciding this, but the publisher of the particular piece. You’ll have to decide first, but hold yourself to a high standard because, unfortunately, it will be the copyright holder that you are up against, and remember that fees for breaking copyright law run high and can even, as noted in a previous piece, run into the millions.
Here are some basic guidelines, though note that I’ve edited these down a fair amount and added text from other sources to make these a bit easier to understand because the issues are quite complicated. The general rule of thumb is no more than 10% or 30 seconds of the work.
Article comments
1 - Mary K. Williams
Sadi-
Thanks for laying this out. I'm working with some others on an anthology of some of our work, and this question just came up this week.
I worked in a tech library for five years - you'd think I'd know something about this - as the general subject of copyright came up all the time. But I'm still pretty ignorant of it all.
This will be another good reference to store away.
2 - sadi ranson-polizzotti
hi Mary:
i'm really glad this will help and be a reference of sorts... that's super. use it as you see fit; it's a good simple guide. i have another on copyright if you're interested, but the fair use piece is better i think and more pertinent to the moment.
best of luck with your anthology,
sadi
3 - Nukapai
You might want to edit this while you still can; spotted a few little mishaps in there (for example: dinner's should be dinners). :)
Otherwise, GREAT resource, thank you for the work in pulling this together! I will probably return to check it in the future!
4 - uao
Nice article; I learned a lot from it. Nice reseach, too.
Fair use has always been a fuzzy concept to me; nice to see some rough guidelines compiled, even if the law remains fairly fuzzy.
One of the most useful articles I've seen in a while.
5 - sadi ranson-polizzotti
hey all:
i'm grateful for the pointing out the typos, though going through the whole thing again seems daunting but i'll do it because it should be perfect, so when i have some time tomorrow.
i'm glad this is such a great resource as several of you have said.... i hope it helps. these are not my opinions, but the guidelines layed out by the government etc and i think before you can say anything meaningful, you need to know the law as it is...
so i hope this helps, and it sounds like it is.
i'm really glad of that.
rock on.
sade.
6 - Al Barger
Miss Sadi, this is an exceptionally good and useful piece of writing. Thank you.
7 - sadi ranson-polizzotti
why Mr. Barger ~ long time no talk; do you have my new email address? if not, ask EO for it...would love to hear from you. Glad you like this...
cheers to you,
s.
8 - Eric Berlin
This story has been chose as a Blogcritics Editor's Pick for the week, congrats!
You've honored yourself up the right to select your favorite story over the next week for the new column, which will be published on Wednesdays or thereabouts. In any event, please feel free to nominate your fave piece under this week's column. The time frame will always run between Wednesday (today in this week's case) and next Tuesday night.
Thanks and congrats again ~ EB
9 - sadi ranson-polizzotti
EB ~ wow, and thanks. What an honor. So, choose a piece between this last Wednesday and next Tuesday evening in the Opinion piece column. That shouldn't be too difficult. I'll shoot you and EO an email once i've decided. Thanks again and i'm glad - really glad - that you all like this piece.
Cheers and i'll do my best on choosing a great piece for Best of....
Cheers and as ever, best.
Sade