A number of years ago, I published an essay on Ice-T and gangsta style in a
collection called _Postmodern Apocalypse_ (U Penn Press, ed Richard
Dellamora). The essay quoted maybe 8 lines of lyrics total. For a small-run,
academic book, I figured, no problem; fair use will cover my ass. But one of
Ice-T's labels wanted thousands of dollars US for lyrics from _Power_ -- so
I dropped them -- and another label settled, after much wrangling, for mere
hundreds. The editor and the press ponied up, after much debate. But I don't
write on music anymore. It's great to see MIT stepping to the plate; at
least they're putting their money and resources to good use.
On 3/19/03 4:59 PM, "James Allenspach" <jimaATlegnog.com> wrote:
>
> From Lawrence Lessig's blog, via boingboing.net:
>
> http://cyberlaw.stanford.edu/lessig/blog/archives/2003_03.shtml#001018
>
> It's a pretty short entry, so I'll include it all here. (Fair use, heh.)
>
> jma
>
> --
>
> the good that MIT does
>
> I met Berkeley CS Professor Christos Papadimitriou yesterday. He
> told me an extraordinary story (which he allowed me to share).
>
> Papadimitriou is publishing a book this summer with MIT Press. The
> book is a novel titled Turing. As Papadimitriou describes it, in one
> chapter he has a single line from about a dozen rock-n-roll songs. The
> editors at MIT press decided to seek permission for each of the 12
> single lines. They sent out 12 letters. They received 10 forms (which
> had to be completed before the request could be considered) and two replies.
>
> One reply, from the representatives of the Kinks, demanded $10,000
> for permission to reprint the line �help me, help me, help, me sail
> away� from the song �Sunny afternoon.�
>
> The other reply, from representatives of the Kobain estate (which I
> assume is within Courtney Love�s control) forbids him from reprinting
> the line �polly says her back hurts� from the Nirvana song �Polly.�
>
> MIT has nonetheless decided that these words are protected by fair
> use, despite these demands.
>
> That is rare in this business. Publishers are among the most
> conservative �fair users� � not because they don�t believe in free
> speech, but because they understand the burden of non-free lawyers. If a
> lawsuit is filed against a publisher for copyright infringement, the
> cost of answering the complaint can suck up the total profit from the
> book. Thus, however generous the Supreme Court thinks it is when it
> defends �fair use,� the relevant �fair use� is the freedom publishers
> permit.
>
> It is a great thing that publishers like MIT can help set the
> standard. The law should make it easier for others to do the same.
>
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---------------------
Darren Wershler-Henry
darrenATalienated.net
We're gonna string you up
You got balls, but
We got the Web, we got a better bomb
-- Audioslave
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