Mondayitis

Monday, September 8th, 2008 11:50 am
[personal profile] tamaranth
I developed a new disease and wiped humanity off the face of the globe. Pandemic 2 (via Making Light) is really rather addictive.

Exciting legal issues of our time #325a: When an author quotes extensively -- in 400-word chunks -- from LJ reviews, crediting but not informing his sources, is he doing anything wrong? (He says not, and uses arguments about academia: but he's making a profit.)

edit to add: I'm not affected by this, my reviews haven't been used: but I don't like the notion that they could appear elsewhere without my permission or cognizance.

Three things make a post, right? right? ... er, the Energy Efficiency Inspector came round this morning. I told him he wouldn't find any energy efficiency here, and I think he agreed. (The boiler went out again while he was inspecting it. Apparently this is a Hazard.)

Date: Monday, September 8th, 2008 11:15 am (UTC)
From: [identity profile] http://users.livejournal.com/la_marquise_de_/
Academic fair use has restrictions -- you don't get away with using such large chunks (except from out-of-copyright primary sources). This kind of practice is spreading (it's happened to me without permission or fee: my work was simply stolen and my name removed). I had a long debate with a US fan over this issue, too (he was not the thief, I must stress: that was something else): he held that he owned any letter sent to his fanzine and could print them anywhere, including online with contact details. I didn't agree. This is the hidden piracy -- we hear loads about big business piracy (films and music) but writers of all degrees are being pirated without much notice being taken. (And in the case of J K Rowling -- who was in the right -- being subjected to abuse for defending herself. Imagine that scenario with a music track which sampled, say, McCartney. All the media would be up in arms on his behalf. But words are different, it seems.) The writers involved here might seriously consider talking to [livejournal.com profile] surliminal about this.

Date: Monday, September 8th, 2008 12:59 pm (UTC)
From: [identity profile] tamaranth.livejournal.com
I've had fanfic plagiarised but never (knowingly) anything from the Real Life side of things.

And in the case of J K Rowling -- who was in the right -- being subjected to abuse for defending herself. Imagine that scenario with a music track which sampled, say, McCartney.

er, probably not. See The Grey Album (http://en.wikipedia.org/wiki/Grey_Album) for example.

I do hope this particular case provokes some action, somewhere: the 'author' has added insult to injury by posting patronising and unapologetic responses to those who've complained. Apparently everyone he's quoted in the past (well, everyone who's discovered they've been quoted) has been overjoyed at the honour, etc.


Date: Monday, September 8th, 2008 01:31 pm (UTC)
From: [identity profile] ithiliana.livejournal.com
Seconding this: in fact, I was told by publisher that in books I did on Clarke and Bradbury that I could directly quote no more than 300 words TOTAL (meaning in the whole book I wrote) without getting permissions (and permissions cost, so please do not unless you the author plan to pay yourself).

So that guy? FAIL!

Date: Monday, September 8th, 2008 11:27 am (UTC)
From: [identity profile] woolymonkey.livejournal.com
Pandemic 2: fun for an ev0l 12 year old? (You know which ev0l 12 year old I mean.) I await your responsible advice.

Date: Monday, September 8th, 2008 12:41 pm (UTC)
From: [identity profile] tamaranth.livejournal.com
extremely suitable and educational too! Most fun to play is a virus in easy mode. You have to try to make it less visible but very infectious. And if it starts on bloody Madagascar then you have a huge advantage, 'cos as per comment below they keep shutting their borders. Wusses.

Date: Monday, September 8th, 2008 07:48 pm (UTC)
From: [identity profile] woolymonkey.livejournal.com
He's on his third - a parasite that causes insanity, among other unpleasantness, he's infected everywhere except Madagascar and Peru, in realistic mode.
I followed your advice and was wreaking havoc everywhere except Cuba and, of course, Madagascar. Then I couldn't take the guilt so I de-evolved all symptoms except sneezing. Several 'weeks' later, I'm wondering why the world is closing its borders and wreaking its economies (not to mention denying medical care to all the people with other, serious, conditions) to prevent the spread of a harmless sneeze that's infected most of the population anyway.

Date: Monday, September 8th, 2008 12:04 pm (UTC)
From: [identity profile] ajshepherd.livejournal.com
Aargh! Bloody Madagascar! They always shut down their ports early, and my disease isn't even fatal yet!

Date: Monday, September 8th, 2008 12:45 pm (UTC)
From: [identity profile] tamaranth.livejournal.com
am beginning to suspect the only way to infect Madagascar is to have something that originates there.

Date: Monday, September 8th, 2008 12:32 pm (UTC)
From: [identity profile] moral-vacuum.livejournal.com
I developed a new disease and wiped humanity off the face of the globe.

I regularly have days where I'd like to do that.

Date: Monday, September 8th, 2008 12:48 pm (UTC)
From: [identity profile] tamaranth.livejournal.com
It is the perfect antidote to Mondays (which I dimly recall to be Bad).

Date: Monday, September 8th, 2008 02:14 pm (UTC)
From: [identity profile] fjm.livejournal.com
And if he has quoted a whole entry then we are definitely into the rules for poetry--permission and pay.

Date: Monday, September 8th, 2008 02:35 pm (UTC)
From: [identity profile] marypcb.livejournal.com
he fails on several counts. especially if you have any kind of non-commercial creative commons licence displayed. remonstrate with extreme prejudice. I'm on a train so haven't followed through to see where the piece is but the best approach is often a letter to his hosting provider. perhaps a letter from someone legalish like major_clanger on your behalf to the hosting provider?

Date: Monday, September 8th, 2008 02:44 pm (UTC)
From: [identity profile] tamaranth.livejournal.com
It's a book (and luckily my words are not in it, but he quotes extensively from various reviews on LJ). General consensus seems to be that the creator of an LJ post owns the content.

Date: Monday, September 8th, 2008 03:27 pm (UTC)
From: [identity profile] marypcb.livejournal.com
a book? oh good. claim for payment to the publisher at punitive rates. 25 cents a word is a good fiction rate for books, review should be similar

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