[78-L] Are we allowed to quote people in a book or article when they submit something to the group?

[gdkimball at cox.net]

This has become a common practice in publishing, but I agree with the comments in this document from the American Musicological Society: 

http://www.ams-net.org/AMS_Fair_Use_Statement.pdf

Is there actually case law that supports the total ban on fair use of lyrics, or is it just the fear of going up against corporate lawyers that enforces the rule?  For instance, the decision in Campbell v. Acuff-Rose Music held that use of lyrics in a parody was in fact allowed.  

I know, it's complicated. 

Gregg


---- Cary Ginell <soundthink at live.com> wrote: 
> You need to get permission for quoting lyrics. There is no such thing as fair use when it comes to this. Publishers may grant gratis permission based on the circumstances, but permission of some sort must be received.
> 
> Cary Ginell
> 
> On Nov 23, 2012, at 8:15 AM, Bud Black <banjobud at cfl.rr.com> wrote:
> 
> > And what if someone posts the lyrics to a song?
> > 
> > Sent from my iPad
> > 
> > On Nov 23, 2012, at 8:56 AM, <gdkimball at cox.net> wrote:
> > 
> >> 
> >> Fair use has four "legs," so to speak. The ones that I can easily recall are 1. what is the commercial value of the work being used and the effect of use on it's value to the author  2. What is the amount of the work being used as a percentage of the whole; and 3. the nature of the use, i.e. commercial, educational, etc.  Of course, all that is weighed in the real world, thus conventions and rules of thumb have arisen, like x number of words.
> >> 
> >> Gregg
> >> 
> >> ---- Donna Halper <dlh at donnahalper.com> wrote: 
> >>> On 11/22/2012 10:53 PM, Mark Bardenwerper wrote:
> >>>> On 11/22/2012 6:49 AM, ERIC BYRON wrote:
> >>>> 
> >>>>> Hi,
> >>>>> 
> >>>>> If somebody(ies) e-mails the discussion group with information that we would like to include in a book or article, is it permissible to quote them using their name?  The reason I ask is that I have contacted a number of people whether I could include their statements in a book I hope to eventually finish.  Only one person has not gotten back to me. I can certainly work around his statement, but the piece would sound better if I could include him.
> >>>>> 
> >>> 
> >>> I generally get permission before using something, as a courtesy; I've 
> >>> even tracked people down by phone just to let them know I was gonna 
> >>> quote them.  (As I understand it, all you need to do is make a 
> >>> good-faith effort to contact the person.)  If all else fails, I was 
> >>> under the impression that anything under 250 words can be considered 
> >>> "fair use" and used without permission.  And some scholars have also 
> >>> noted that there is no expectation of privacy on the internet, since 
> >>> even e-mails to a list-serv can be posted in digest form and read by 
> >>> non-list members, thus making them quotable to the general public.
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