Lineland/Intellectual Property

[Gary L. Thompson]

On Thu, 24 Apr 1997, Joe Varo wrote:

> On Thu, 24 Apr 1997, Kim L. Serkes wrote:
> 
> > Anyone (at least on the list) may read whatever I post. My contributions
> > are given freely, without expectation of any gain (but the hope that the
> > reader might make a contribution in turn).
> > 
> > However, let some bastard take my words and try to profit from them,
> > there'll be Hell to pay.
> 
> Okay.  Let's say you write a book, or even several and there is a Serkes
> oeuvre.  There is also some literary type somewhere who decides to write a
> critical work on the works of Kim L. Serkes.  In this critical work some
> of your words will be quoted.  The author of this book is going to make
> some amount of money (profit) on the sales of his book; you will not.
> 
> In this instance, would this critic have hell to pay?  If not, then why
> not?
> 
> Joe
> 

"Fair use" doesn't apply to any and all appropriation, as I understand 
it--that's why it's putatively "fair."

What's "fair" depends on what you mean. One publisher's guidelines 
suggest up to 500 words for a book or article or up to 5% of the length 
(whichever is less). For poems, song lyrics, graphic images such as 
photos, lines from a dramatic script (film or TV) and 
unpublished materials such as letters, _any_ use has to be by permission.

Of course, it has to be properly acknowledged, and it has to "fairly" 
represent what is quoted--given the early exchanges, there might be cause 
for concern here.

Lots of wiggle room in the terms of discussion. If I paraphrase what I 
see on screen, is that their text or mine? And in what sense does submission 
to an e-list count as publication? It's hardly a private letter . . . 

Re "intellectual property"--don't get distracted by the monetary 
associations. In this case, property just means you get to decide. From 
what I can tell, Mssrs. Siegel and Larson didn't extend that right to 
others. They "took" their words. The question for everyone who is directly 
concerned is, does it matter? If so, how much?

Gary Thompson