Letters to Kel: FAIR USE -- EMPHASIS ON "FAIR"

In a handful of books I've edited lately, the authors have quoted songs and poems. Almost without exception, they quote the ENTIRE song or poem. And again, almost without exception, they don't mention the name of the author or composer or publisher or copyright date.

Now, that's just plain rude!
How would you feel if something you wrote was quoted in someone else's book or article and you didn't get credit?

But more important than that, it's a violation of copyright law. Because consider this: You read a book, you come across a poem, and if credit isn't given to another author, don't you assume that the author of the book wrote the poem? So in effect, quoting someone's song or poem without giving them credit is STEALING. It's about as tacky as buying a pre-made Thanksgiving dinner and then telling your guests that you did all the cooking yourself.

"But what about Fair Use?" you may ask.

Fair Use grants you permission to use a SMALL portion of a work -- but you still have to give credit.
What percentage of the whole are you using? Four paragraphs from a 100,000-word book is considered a fraction of a percent, while one line from a poem is a huge chunk. It's all proportions and percentages. Would you put the entire manuscript of War and Peace into your book? Then don't put the entire poem or song you want to quote.

Not without permission, anyway.

If the material you want to quote is in public domain, then say so, and feel free to quote the whole thing. If it is NOT in public domain ... then you have to get permission. I'm sure some of the people I edited sighed and rolled their eyes and decided to ignore me. Or they had a hissy-fit when they "wasted" time finding out the name of the author and publisher, and went through the process to ask permission and were told they had to pay a fee.

My advice: Paraphrase the message of the song or poem. List the title and author/composer and recommend your readers look it up. Don't shrug and decide to take the chance that the author won't learn that you used her poem or song without permission. Because guess what? Authors and publishers can and do sue for copyright infringement. If you have to quote the material, then bite the bullet and pay the fee. I can guarantee it's a lot cheaper than paying a lawyer when you get sued, on top of whatever the publisher demands.

Bottom line: Using a big percentage of someone else's written work without giving them credit or asking permission is STEALING -- and a violation of the Fair Use doctrine, which is supposed to make things FAIR, remember?