To All:
Thank you you you comments and suggestions. I have decided to go ahead with publication because I can't wait. I sent a letter t my publisher today, but of course, like the lawyers at Berger Kahn, they are out of the office until Jan, 3rd. It seems that everybody takes holidays but me. Here's a copy of my letter:
Quote:
Dear _____:
Issues regarding quoting copyrighted material has come to my attention. What concerned me was the recent legal troubles that a number of Frank Zappa fan web sites- in both this country and abroad- have been having with the Zappa Family Trust. The lawyers for Gail Zappa (his widow) have been serving cease and desist papers to many organizations devoted to Frank Zappa.
I have a number of short Frank Zappa quotes in my book "Mea Saurus" that I am almost entirely certain fall under FAIR USE. All of them are duly notated and redundant proper credit is given to the original author, not only for Zappa, but for every other source quoted. However, just in case, I emailed both Gail Zappa and her lawyers at Berger Kahn with my permissions request and am waiting for a reply.
Fair Use is a gray legal area. From my readings about it I have found that the shorter the quote of copyrighted material, the better. All my Zappa quotes are short snippets of song lyrics and printed statements. I don't believe they can be shortened without damaging the content of my book. I believe that each constitutes fair use in any case. The people being served by Zappa's lawyers are appropriating huge amounts of copyrighted material and publishing them on web sites. That's not what I'm doing so I think I'm okay. Anybody there at Rose Dog Books have any further legal advise for me regarding this?
As you may know, my use of all the material is included in my personal confession. It is used as part of self-criticism and I specifically state how the material affected me personally. I believe that, in good faith, I have not stolen intellectual property from these other authors and artists, by giving them, not me, the credit for their statements.
However, one quote in Mea Saurus from another source began to bother me. The quote in question is a rather lengthy one from the 1970 Paul Kantner/Jefferson Starship album Blows Against the Empire. After careful consideration, I think it's too long and only part of it is essential to my confession. I redacted approximately 14 lines, marked in red on the proof copy you recently sent me. I'll pay for it. I'm doing this just to be on the safe side. The proof copy is being sent back to you now.
Ultimately, I don't even know if a "print on demand" publication is considered a commercial endeavor for the author. I am paying for this out of pocket, and as your literature states, most of your authors never recoup their investment money in book sales. Certainly, I don't expect to get rich from publishing my personal thoughts. I can't afford to wait or make any further changes. I must publish. Unless you foresee any other problems, please print my Book!
Robert R. Mehling
So there you have it people. I WILL PUBLISH NOW. I will also continue to seek permission from Gail and her lawyers. If, for any weird reason I am denied permission, I will retain a lawyer and fight it, claiming "fair use in good faith." From what I have read, I have a case.
Thanks, have a happy new year, wish me luck- and uh... check out my book "Mea Saurus, An Artist's Confessions" by Robert Mehling in 2008. Even though you may have to sludge through a whole lotta religious crap, you may get a kick out of bits and pieces of it. [img]lot/Users/robertmehling/Desktop/Measaurus.jpg[/img][/quote]