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

Michael Biel mbiel at mbiel.com
Fri Nov 23 19:55:26 PST 2012


To give my answer to Donna's original question, I usually allow my
writings and postings to be used, with credit of course, although I like
to be able to make corrections and updates on things I might have
written decades ago.  I think you asked me for something years ago and I
agreed, but if I missed seeing a more recent request, let me know. As an
educator (despite being retired) that is what I am here for!  Credit is
important. As a trained researcher I was taught that your writing is
only as good as where you got your information from.  EVERY fact and
opinion in my dissertation is source identified.  There are some books,
such as those by Eric Barnouw, that I used as an index and finding aid
to his sources because I found Barnouw to be a very unreliable
interpreter of information.  All scientific experiments must be
repeatable, and the same is true of our historical research, so source
identification is necessary.  

And as a researcher I do want credit for my research.  I do get upset
when I find what is obviously my research being used by an author as if
it was theirs.  That has happened, and in one notable case I did
complain and thereafter have gotten wonderful credit from them.  When I
was getting photos of album covers for my pre-Steinweiss presentation I
had so many names to credit that it took over a minute of time at the
start of the talk.  We don't do these things alone, and it actually was
impressive that I had help from so many of you. 

Mike Biel  mbiel at mbiel.com


-------- Original Message --------

From: <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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