strathspey Archive: Copyright?

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Copyright?

Message 4915 · Louis Racic · 23 Sep 1996 17:47:19 · Top

As the newly appointed Newsletter editor for our Branch, I have a question for all the other newsletter editors about copyright infringement. When quoting passages from books on SCD does one need to obtain written permission from the publisher?

The Keat`s letter to his brother which Anselm submitted or the passage written by Keith Norman MacDonald in the Preface to his "The Skye Collection of the Best Reels & Strathspeys Extant....": submitted by Kimberly Thounhurst are two interesting items which would make nice copy in a Newsletter. Is publisher permission required or is it sufficient to reference the source.

I have asked this question of numerous editors and past editors and have received numerous and quite varying replies. What is the common practice?

Louis Racic
Toronto
<louis.racic@pgw.on.ca>

Copyright?

Message 4916 · Kent Smith · 23 Sep 1996 18:24:47 · Top

At 09:45 AM 9/23/96 EDT, Louis Racic wrote:
>As the newly appointed Newsletter editor for our Branch, I have a question
for all the other newsletter editors about copyright infringement. When
quoting passages from books on SCD does one need to obtain written
permission from the publisher?
>
>

I am not a lawyer and the following is not a legal opinion, but my
impression is that in the United States at least, such brief quotes fall
under the Fair Use Doctrine and permission is not needed. In scholarly
articles published in far more formal journals than branch newsletters,
quotes of this length are often used without permission as either the
starting point for a discussion by the author or as supporting evidence.
This is true for journals published in the U.S., Canada, Britain, etc. which
are distributed world wide, so I'm quite certain this is an acceptable
practice under international copyright conventions.

I belive among the key considerations are the length of the quote relative
to the length of the original, whether the quote is stand-alone text or a
part of the current author's discussion, and whether proper acknowlegement
and citations are given to the original so that the content of the quote and
its source are clear to the reader. Quoting 2 or 3 lines is fair use;
quoting 2 or 3 pages is reprinting, for which permission should be obtained.
I'm not certain where this leaves even a brief quote presented as a separate
news item or "filler." For instance, it's possible that permission is
technically needed for the displayed quotes sometimes placed at the
beginning of an article or chapter to set the tone.

Even for longer quotes, permission is not needed if the original source
states that the material can be reprinted without permission, a proviso I've
seen in quite a few newsletters in the hope that good ideas in one branch
will be disseminated as widely as possible.

To repeat, all this is IMHO.

Kent

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Kent W. Smith <kent.smith@trincoll.edu>
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Copyright?

Message 4917 · Tappan · 23 Sep 1996 19:43:41 · Top

With respect to the following quotes:

>The Keat`s letter to his brother which Anselm submitted or the passage
>written by Keith Norman MacDonald in the Preface to his "The Skye
>Collection of the Best Reels & Strathspeys Extant....": submitted by
>Kimberly Thounhurst are two interesting items which would make nice copy
>in a Newsletter. Is publisher permission required or is it sufficient to
>reference the source.

Wouldn't these two particular items be long out of copyright anyway?

Jan Tappan
Fiddlers Crossing

Copyright?

Message 4919 · Maghi King · 23 Sep 1996 20:04:57 · Top

I can tell you about common academic practice: there seems to be a rule
of thumb (which is maybe also a legal stipulation) that one can quote up
to a certain amount (I've heard three pages mentioned) providing it is
for purposes of research or teaching, without asking permission. The
only circumstance in which one is normally requested to get the original
publisher's permission is when somebody wants to reprint an entire
article.

Incidentally, I've never known premissionto be withheld, even in these
circumstances.

In other words, I don't think anybody I know bothers to ask, unless it's
really a great chunk!

Maghi

Louis Racic wrote:
>
> As the newly appointed Newsletter editor for our Branch, I have a question for all the other newsletter editors about copyright infringement. When quoting passages from books on SCD does one need to obtain written permission from the publisher?
>
> The Keat`s letter to his brother which Anselm submitted or the passage written by Keith Norman MacDonald in the Preface to his "The Skye Collection of the Best Reels & Strathspeys Extant....": submitted by Kimberly Thounhurst are two interesting items which would make nice copy in a Newsletter. Is publisher permission required or is it sufficient to reference the source.
>
> I have asked this question of numerous editors and past editors and have received numerous and quite varying replies. What is the common practice?
>
> Louis Racic
> Toronto
> <louis.racic@pgw.on.ca>

--
Please note my new e-mail address (old address was king@divsun.unige.ch)
Maghi King | E-mail: Margaret.King@issco.unige.ch
ISSCO, University of Geneva | WWW: http://issco-www.unige.ch/
54 route des Acacias | Tel: +41/22/705 71 14
CH-1227 GENEVA (Switzerland) | Fax: +41/22/300 10 86

Copyright?

Message 4925 · Tony Andras · 24 Sep 1996 17:33:22 · Top

Dear Louis

I have written an article on Canadian copyright I should be glad to pass on
to you. Old passages (more than 50 years) need an attribution. New
passages should get permission of the author, if at all possible. Most
people won't object if proper credit is given. But the author owns his/her
writing, has copyright automatically and has the say on its use worldwide.

Incidentally, I wanted to get a repeat of my last entry on the Jan 1997
cruise in the October newsletter but I didn't know who the new editor was.
could you repeat it as it is? Thanks in advance.

Tony Andras

At 09:45 AM 9/23/96 EDT, you wrote:
>As the newly appointed Newsletter editor for our Branch, I have a question
for all the other newsletter editors about copyright infringement. When
quoting passages from books on SCD does one need to obtain written
permission from the publisher?
>
>The Keat`s letter to his brother which Anselm submitted or the passage
written by Keith Norman MacDonald in the Preface to his "The Skye Collection
of the Best Reels & Strathspeys Extant....": submitted by Kimberly
Thounhurst are two interesting items which would make nice copy in a
Newsletter. Is publisher permission required or is it sufficient to
reference the source.
>
>I have asked this question of numerous editors and past editors and have
received numerous and quite varying replies. What is the common practice?
>
>Louis Racic
>Toronto
><louis.racic@pgw.on.ca>
>

Copyright?

Message 4926 · Louis Racic · 24 Sep 1996 17:57:42 · Top

Tony

I would be glad to get a copy of your article on copyright. Thanks for the help.With regard to your cruise notice, I am afraid the October newsletter is away to the printers. I will however put it into the November issue.
Louis

Copyright?

Message 4927 · Louis Racic · 24 Sep 1996 18:22:34 · Top

Sorry folks, That last message should not have been sent to all. I am glad I didn't say anything embarrassing.

Louis Racic
Toronto

Copyright?

Message 4928 · Jim & Marilyn Healy · 24 Sep 1996 19:20:25 · Top

When we last had a thread on copyright (more concerned with
recordings than newsletters), I spent some time in the Library
of Congresss web site which includes very, very extensive
material on the subject. One thing I did dig up was the US
statutory definition of "fair use" to which a few references have
been made (see below). Obviously caution is needed in inferring
to other jurisdictions from the law of another country but
copyright is an area where there is some international agreement.
By the time I had finished, I decided that no matter what I did,
a good lawyer would be able to bring a case against me for some
breach or other.

The bottom line for me is still as once enunciated rather more
forcefully by Ian Price, that well known Philadelphia lawyer -
Who is going to go to the expense and inconvenience of suing an
SCD group because they put a few lines in a newsletter or because
they used a recording of music, specifically intended for dancing,
at a dance?

Let me though add my support to Coletta's call to make recordings
only from purchased originals. I try always to stick to this rule
but, not being a saint, I occasionally fall from grace :)

Jim Healy
Perth, Scotland

QUOTE
Sec. 107.
Limitations on exclusive rights: Fair use
STATUTE
Notwithstanding the provisions of sections 106 and 106A, the fair
use of a copyrighted work, including such use by reproduction in
copies or phonorecords or by any other means specified by that
section, for purposes such as criticism, comment, news reporting,
teaching (including multiple copies for classroom use),
scholarship, or research, is not an infringement of copyright. In
determining whether the use made of a work in any particular case
is a fair use the factors to be considered shall include -
(1) the purpose and character of the use, including whether such
use is of a commercial nature or is for nonprofit educational
purposes;
(2) the nature of the copyrighted work;
(3) the amount and substantiality of the portion used in relation
to the copyrighted work as a whole; and
(4) the effect of the use upon the potential market for or value
of the copyrighted work.
The fact that a work is unpublished shall not itself bar a
finding of fair use if such finding is made upon consideration of
all the above factors.
UNQUOTE

Will the US Government sue me for quoting from one of their laws?

Copyright?

Message 4932 · briscoe · 24 Sep 1996 23:02:05 · Top

On 24 Sep 1996, The_Healys wrote:

> ...
> Will the US Government sue me for quoting from one of their laws?
>

No, luckily the US Government does not copyright its works! Now if we
could just get the US Gov Printing Office to publish our dance books and
music...

- Mel B. (Virginia)

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