Ina_Goodling
Registered: 06/20/08
Posts: 31
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Reply with quote | #1 |
I've been researching, and it seems that Fair Use entitles one to quote up to 300 words from a work of fiction, but only TWO lines of poetry. What's with the huge difference? With only two lines, you'll be lucky if you can quote up to fifty words. Does this rule apply to works in the public domain as well? Seems like you can quote a bit more without any trouble. Right?
My second question is this: a couple of years ago, I decided I wanted to quote some old haikus by Basho and other Japanese poets. Keep in mind these date back a few centuries. My only source at the time was The Little Book of Haiku, translated by Sam Hamill (who is still alive) and published by Barnes & Noble Books.
I wrote to the publishing company asking if I could use a few haikus in a novel I was working on. Their reply was that yes, I could, provided that I pay a fee. I didn't even bother to ask what the fee was, because I was too surprised that they could even ask me for one. Sure, that guy translated, but he didn't WRITE those centuries-old poems. Shouldn't I be able to quote Basho for free? Do I need to find an earlier translation to avoid any trouble?
Also, can I quote a a small passage from John Steinbeck's East of Eden to use as an introduction to a book of short stories? Or a novel? I've got two quotes in mind, and they are both well under 300 words, but I'm getting mixed messages all over the web on this subject.
Lastly, are we even allowed to mention specific trademarks in a novel? For example, can I write that a character had a Big Mac at McDonald's, or that he's sitting there drinking a Mountain Dew while watching "The Simpsons" on TV? I don't intend to flood my writing with such trademarks, but I do like to be specific one in a while. IMO it's boring to just say that Jeremy stopped by a burger stand for lunch, then went home to watch a sitcom and have a soda.  
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BrendaHill
Registered: 12/23/05
Posts: 107
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Reply with quote | #2 |
Ina, the copyright laws are pretty specific, but I think it takes someone well-versed in legalities to interpret them. I do know if you're caught with an infringement, you're in trouble. Last week I was just slapped with a huge fine for using an unauthorized photo on my website, and they say that simply removing it doesn't waive the fine.
In writing, using lines from songs and poems is forbidden, so I stick to titles. You might say you stopped at McDonald's and got a burger. You'll find brand names in works of fiction, but here's a link that explains copyright in a more easily-understood text:
http://www.templetons.com/brad/copymyths.html
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Ina_Goodling
Registered: 06/20/08
Posts: 31
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Reply with quote | #3 |
I thought we were allowed to quote up to 300 words? When did they change that?
I haven't been able to find a source that lists the most up-to-date copyright laws explicitly, and in layman's terms at that. There always seems to be some crucial info left out. Like, they say what is permissable, but they DON'T say in what exact context it can be used. The usage of quotes, for example. They imply that it can be used in articles and other works of non-fiction, but what of novels? Can we not quote from one novel to another?
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BrendaHill
Registered: 12/23/05
Posts: 107
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Reply with quote | #4 |
I'm not an attorney, but I'd suggest consulting with one versed in copyright laws if you truly want to quote someone else's work.
If you're a name author, some of the larger publishers will pay the fee to avoid lawsuits. Some copyright holders will demand a certain amount to quote from their work, even going so far as to question the projected distribution - small publishers may not distribute as widely as the big NY ones, and if your book is expected to be distributed in larger numbers, then the fee is larger. Others will simply forbid quoting.
But to answer your specific questions? I don't know. Since Rebecca is a publisher, perhaps she can better answer your questions. Don Harpe is a songwriter, so perhaps he can chime in with his knowledge. If neither answer this thread, send them emails. But after my thousand-dollar fine, I'll avoid anything in the future that I didn't create.
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Ina_Goodling
Registered: 06/20/08
Posts: 31
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Reply with quote | #5 |
Thanks for the help, Brenda.
$1,000 fine for using an image on a website? That's BS. If I were you, I'd make this incident as widely known as possible, in part to help others in the future avoid making the same mistake, as well as to let everyone know how spiteful the image holder is. Just because there are laws protecting copyrights doesn't mean they HAVE to get so nasty about it. They could have at least asked you nicely to remove the image before resorting to a fine.
If I were the image holder, I'd first ask you to either remove the image or cite its source, and if you didn't comply, then I might consider fining you. Well, no. I'm the type who's more likely to keep warning you over and over before finally resorting to drastic action. I usually don't get vicious until the other party bites first. And as dirt poor as I am, I'm sure I could use the fine money a lot more than the person who fined you. 
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BrendaHill
Registered: 12/23/05
Posts: 107
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