Re: Re: petition for US authors, artists, and musicians

Tell that to Disney. Also, tell it to the music folks. There are some
industries where they don't believe in fair use...and fair use is only if
you're not making money on it...save music, where they seem to get away with
sampling other performers. But if you use a snip of another film in your
film, you have to get permissions. If you use a snip of a song in a TV show,
you have to get permission. If you use even a paragraph of someone else's
work in your published book, you can be sued. Heck, you can be sued for
mentioning a business without permission. Don't ask. The author lost.
Grimace...

Are you familiar with the non-fiction book at the center of the lawsuit
about fair use? The woman used quotes (properly attributed) from various
comedians' stage shows, TV performances, and so forth, in a book teaching
young performers the art of stand-up comedy, but she didn't ask permission
of each one, thinking it was an educational book and therefore fair use.
Though any one of those quotes was a minuscule amount of a whole
performance, she was slapped with a C&D for the use of them in her book,
because she was selling the book.

I love the story about the printing presses. Sounds like an IRS person to
me.

Can it be worse? Try dealing with the way bankruptcy law overruns contract
law and copyright law...yeah. That's worse. The entire group are clueless.
See...here's the problem. They have the MISconception that authors sell our
rights to the publishers in contract, making those IP the publishing house
owns...or some similar idiocy. Now, you know and I know, that we're in a
deal to allow the publisher limited rights to reproduce and distribute the
authors' IP, for a time period specified, and as long as the publisher is
living to the contract provisions. IOW, if the publisher breaches, the
contract can be nullified, like any other contract. Call it what you
will...limited licensing...whatever. But...the only thing the publisher
"owns" is the agreement to live to the contract terms, distribution and
reproduction in exchange for royalties and so forth.

If they are in other contracts involving someone else's rightful physical
property (leased or rented but not passed from owner to business in a sale),
at the point the business files bankruptcy, the courts cannot commandeer and
auction off the property itself belonging to the rightful owner to satisfy
the debts of the business in bankruptcy (as they can with assets belonging
to the business and purchased...admittedly including contracts, if they find
a buyer either altruistic enough or suicidal enough to buy them and take on
fuming authors), whether the contract is in breach or not. They CAN hold it
for a time. They can set up a situation where the business can continue to
use that property for the length of contract while still in breach. But they
cannot just take someone else's physical property to satisfy the debts of
the bankrupt business, as far as I've been taught.

So, why do the courts feel it's right and appropriate to (not just auction
off the contracts to other publishers who would have to live to the same or
better terms, which is acceptable, at least, in my book) but to further NOT
return rights to the lawful authors...ever? Because it's not a piece of
physical property, so they are too stupid to see who owns it? That's my
take. But I've seen authors who've never gotten rights to their own work
back after a bankruptcy. It's in limbo somewhere, not for sale, not able to
be offered elsewhere... It's deplorable.

I think I need to duct tape a pillow to the wall some days.

Brenna



> Actually, the example you used would almost always be declared to be
> fair use, in almost every situation I can think of. And fair use is
> already allowed for in our current law.
> Could be worse. Could be dealing with IRS auditors, some of whom are
> the dumbest people I have ever met, and all of whom, as far as I can
> see, are completely, utterly and stunningly clueless about book
> publishing.
>
> My solution: Put a pillow on the part of the wall I use most often for
> head banging when the nitwittery gets to be too much for me.
>














-- 
http://www.brennalyons.com http://www.myspace.com/brennalyons
"I found the world Ms. Lyons created to be realistic. Both main characters
had humanistic characteristics but also the genetic makeup of their Xxanian
ancestors as well. I blushed more than once, that’s for sure. CLOSE ENOUGH
TO HUMAN was an exceptional read." Reviewed by Natasha Smith for Romance
Junkies 4.5 Ribbons


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