Task #8

As the ILL "go-to-gal" I have to be aware of copyright rules and regs and what constitutes fair use. However, no matter how many times I read up on copyright or attend copyright sessions at the annual ILL conference, copyright is still a very confusing and sometimes muddy issue. As a writer, I like the idea that you can copyright and protect your work. Afterall, a lot of blood, sweat, and tears goes into any work of art. (Yes that's what's known as fair use--if you're confused, ask.) Most people don't understand that titles cannot be copyrighted, which is why you see so many books with the same title. It's the content that's protected. Characters' names cannot be copyrighted, but recently there was a big copyright case involving the novel Wind Done Gone which was the slaves view of Gone With the Wind. Margaret Mitchell's descendents said the author of the new book couldn't use the characters from Gone With the Wind. For you enterprising staff members with nothing better to do (are there any of you out there?), look this case up and see what happened. I think it went to the Supreme Court.

As a writer, I'd like to use the chorus from Gordon Lightfoot's A Minor Ballad to introduce the third section of a novel I've written, but according to copyright (at least what I can determine), even quoting one line from a song requires the composer's permission. Aaaaaargh! Fair use doesn't seem to cover this area. However, I can use Barbar Walters as a real character in my book, because she is so well-known and is considered (loosely) as public domain.

As for Creative Commons--Nathan Kinkade (yes, he's one of the founders), spoke at an ILL conference about Creative Commons. I think it has it's place, particularly for audio-visual material. I like the idea you can do a limited copyright or a full copyright. This particular organization does have its place, but I think the copyright office still has a viable place where protecting our creative rights are concerned. And if you're writing a book you want published by one of the "name" publishers, they don't want you to get your own copyright. They will procure it for you and in your name. However, if you don't want to go through a "regular" publisher, CC might be a good way to get a copyright without all the hassle of the official copyright office.

Had trouble telling how you determine if a work is actually part of CC. Oh, well.