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January 2011, Week 3

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Subject:
From:
"Harriss, Chad" <[log in to unmask]>
Reply To:
Film and TV Studies Discussion List <[log in to unmask]>
Date:
Thu, 20 Jan 2011 07:39:16 -0500
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Since copyright is a civil law, there is nothing stopping this person from filing suit regardless of whether the use is ultimately deemed fair. In short, the court would decide this matter. In the meantime, I would include the examples and have this discussion with my publisher.

I would use this site as a reference: http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html

Good luck.

-chad


On Jan 18, 2011, at 12:13 PM, Mike Chopra-Gant wrote:

> A quick question, especially for those in the USA. I'm in the closing stages of writing a book on The Waltons and am writing about fans, and specifically fan literature. I was hoping to quote some poetry posted on a forum by a fan. She has claimed copyright on the works and my request for her permission to quote short passages in my book has been declined. Where do I stand insofar as fair use is concerned now that permission has been refused: does fair use override such a refusal so far as very short passages are concerned or does the refusal establish an absolute prohibition on quoting?
> 
> I'd really like to put some of this material in the book but I suspect the author of these poems is precisely the kind of person to get litigious, and getting sued in the States is not a risk I can afford to take.
> 
> Regards,
> 
> Mike Chopra-Gant
> 
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