Subject: Copyright
From: Harold Snyder <ENSNYDER -at- ECUVM1 -dot- BITNET>
Date: Thu, 25 May 1995 10:28:21 EDT

On Wed, 24 May 1995, David wrote:

>...I've granted permission to the various publishers to publish them (books)
>Nonetheless, other than the rights granted to the publishers in the
>contracts, I still have all rights and haven't relinquished those rights.
>(I hope).

In _The Writer's Essential Desk Reference_ (Cincinnati, OH: Writer's Digest
Books, 1991 ISBN: 0-89879-477-3), Neff (Glenda) notes, "Gaining permission
to use another's material--and knowing when and where such permission is
necessary--is a mysterious and muddled area, especially in light of recent
revisions in the copyright law" (p. 144). On page 146, Neff has an excellent
discussion of how the courts determine copyright infringement cases:

1) such use was for commercial purposes (as opposed to educational);
2) whether the work was largely based on factual information (that could
have been obtained from other sources);
3) how much of the work was used (substantial, as opposed to a line or
a paragraph, even a portion of a chapter); and
4) the effect the use had on the potential market or value of the work.

In the first paragraph, the actual words have been used (quoted). In the
second paragraph (with the list), a paraphrase of her words has been used.

Both of these paragraphs are not infringements on the copyright.
When the Writer's Book Club obtained their copyright for this book, by
doing so they also granted permission for others to use portions of this
book without obtaining their permission--this is what is called "fair use."

I hope this helps some.



+ Hal Snyder, Professor of English | Technical Editing; Business, +
+ Dept. of English (GCB 2115) | Scientific, and Technical Writing +
+ East Carolina University | ENSNYDER -at- ECUVM -dot- CIS -dot- ECU -dot- EDU +
+ Greenville, NC 27858-4353 | ENSNYDER -at- ECUVM1 or Voice 919/328-6669 +

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