Steinbeck's Acceptance Speech

There have been some thoughtful topics on this board lately regarding various subjects about being a writer. I think the following is both inspirational and a guide for what we need to be about, for whatever we achieve, large and small.

http://www.subtletea.com/johnsteinbeckspeech.htm

I often think I should "scrap" my book, thinking in the big scheme of the world what does it matter anyway.

Then when I posted the above link, I noticed it was written in 1962, and a search in google determined the awarding of the Nobel prize was in October, the time frame in my book.

When things happen like this they are downright spooky, or divinely determined, or just coincidences with no special meaning.

Carol

You will let me know if you decide to scrap it, won't you?

Shelagh, I'm not "scrapping it" anymore than you scrapped your drawing you posted a week or so ago.

But although the last two paragraphs of his speech are monumental and definitely related, I know I can't use any more quotes, no matter who said it. Maybe a nice paraphrasing or including it in my chapter on what was happening in the world in 1962.

Carol

Carol,

I'm thinking again about something you said somewhere a few days ago. These threads overlap, so I'm not sure which one. You said something, please correct me if I misread, about using quotes because you did not have confidence in you own ability to say something. I don't think that is what quotations are about. I think it is a matter of choosing the most effective way of putting a concept across. Sometimes that means using our own words; sometimes it means using the original source. When I was writing my researched, non-fiction book, I did a lot of reading about copyright infringement, and found there are no hard and fast rules, only some vague guidelines, and that paraphrasing was no different from quoting in those guidelines. The one I remember the most had to do with what you, as a new writer, are doing with the material. Are you using it in a new way, as backup for a new concept? Are you using a variety of sources rather than relying on just one?

Why can't you use anymore quotes? I tried to find out why you thought you couldn't when you made that earlier post, but must have missed something somewhere.

Ann

My concerns are with copyright restrictions. I see you faced this in your book, and yes, I use a variety of resources as you did. You did well in this regard. I just need to become more learned on these issues, but it is one that is difficult to plow through.

Carol

Ann,

You might find the information here interesting:

http://www.ivanhoffman.com/permission.html

Carol, have faith in yourself, that what you want to say needs to be said and that people are waiting to hear what you have to say.
Quote when it makes sense to do so, but only when it strengthens what you have to say, not just because someone said it first.
If you are worried, consult with a friendly and articling (i.e. budget) copyright lawyer. And do it as you normally do, with great

Shelagh, that's a neat article by Ivan Hoffman; thanks for sharing it.

See § 107. Limitations on exclusive rights: Fair use,
from the Copyright Law of the United States of America

http://www.copyright.gov/title17/92chap1.html#107

It is difficult to find further explanations of what precisely constitutes "fair use." There is no specific word count or percentage of the original work specified. From what I've read in explanations of this section of the law, much depends on the use you are making of the copywrited material, and paraphrasing can be as much a problem as quotations. For example, if you were to write a book or article on the same subject as that in the original work, the amount considered to be fair use would be much smaller than if you were using the material to show a relationship between the original subject and your new hypothesis or approach.

Ann

Carol Troestler wrote:

My concerns are with copyright restrictions. I see you faced this in your book, and yes, I use a variety of resources as you did. You did well in this regard. I just need to become more learned on these issues, but it is one that is difficult to plow through.

I use a lot of other people's material in my books. Re copyright infringement, here's a handout I was given.

https://2img.net/h/i222.photobucket.com/albums/dd118/1820magnolialane/img012.jpg

As you can see, fair use doesn't really apply to commercial work. Academics can get in trouble with it too, as it's an excuse, never a right. Ann is correct, there are no specific rules; a court decides what is copyright infringement. But basically, if you repeat the "heart" of a work, making it theoretically unnecessary for someone to now buy that work, you've infringed.

I deal with that by getting permission for everything. I've used quotes, artwork, all sorts of stuff. I get it as I go along because not everyone grants permission and I don't want to write text around stuff I end up not being able to use. Publishers have a form that you give to the person you're seeking permission from. If you want, I can send you my current pub's form so you can see what one looks like.

That's a good table, LC. It pretty much says the same things as the research I did when I was writing my book. Don't dismiss fair use in commercial publications, though. If the work is transformative, it is not a problem. Your list doesn't point out that paraphrasing is the same as quoting, for the most part, or that if what one refers to is done in such a way as to promote the sales of the original materials, as opposed to harming them, there is no infringement.

Personally, I had the endorsement of the major sources for A Myth..., in addition to permission from minor ones.

Ann

Ann, I agree if you use the work in a positive, promotional manner you're less likely to get in trouble, but some people and companies don't want their stuff used in any manner by anyone but them. One of my publishers sends out a yearly email listing all the companies that have sent them cease and desist letters for using material without permission. I remain cautious, as even if something does fall under fair use, I don't want to go broke finding out. My contracts state that I'm solely responsible for all content.

There are so many people that will grant permission, why bother with those that won't?

It would depend on how extensively you use the source, and how many sources you use. I don't know about British laws, but in America, a brief reference or two in a book-length work is not a problem, especially if you use a lot of different sources.

I can see where a textbook would be different from a research-based work of non-fiction. You are writing as the authority, so inclusion of other sources would be more limited.

Ann

Even textbooks require permission. Last week, I posted six forms to request permission (one to London, one to Canada and four to the US). As soon as the forms are returned, copies will be sent to the publisher in the US. The permissions were already given for the first edition of the book but cannot be used for the second edition. Permission for the same material has to be given for every use and cannot be re-used. Something self-publishers should take into consideration if they are hoping to eventually find a publisher for their work -- all the permission requests will need to be made again.

alj wrote:

It would depend on how extensively you use the source, and how many sources you use.

I'm sure you're right, but for me, it's all too much to think about, lol. Carol seemed confused on the issue, too, so I just shared my method. For me, getting permission from everyone simplifies it. They agree, I use it. They don't agree, I don't.

Shelagh, the forms I use are worded so that they can be used in all future editions, and in all media. They can't, of course, be transferred to other books or publishers. Most people sign the form as is. A few make small changes.

LC, I asked my husband and he said that he did receive permission for all editions but the publisher wanted the requests to be sent again as a matter of courtesy. Litigation is expensive in the US so I suppose it cuts out any risk.

... his latest book (out June 1st, 2009) did not require any permissions:

http://www.elsevier.com/wps/find/bookdescription.cws_home/718601/description#description

Just a free plug!

... an interesting thing about credentials: the editor's (of the series of books) first degree (BSc) is listed after his name but omitted after my husband's name. I know it isn't the same in the US but, once you make it to Professor in the UK, none of the previous "credentials" counts for much.

Shelagh - hearty congratulations to your husband on his new book!

Regarding permissions:

What about government documents?

Can getting permissions be a marketing tool?

Carol

Carol, government documents are public domain. No worries there.

Ann

Thanks Ann.

Carol

Shelagh, to your husband! So he's a textbook writer, also? Is the book being marketed to podiatry schools? How long did it take him to write it? Is it heavily illustrated?

Re permissions, I was never asked by my non-fic pub to courtesy re-ask, and I used the same stuff through multiple editions. I hope neither of my text pubs ask. The original is tightly written so it seems like a lot of work for nothing. And what if the person then says no?

Carol Troestler wrote:

Can getting permissions be a marketing tool?

What do you mean by marketing tool?

Shelagh,

Your husband's book looks very good. I had seen another one he wrote and that looked excellent as well. Where was he when I couldn't walk and medical professionals couldn't figure out the reason for four months as I deteriorated?

L.C.

I will need to get permission from the squadron to use their information, although again most of this is government information from official websites and my husband's memory and log book. I think I could use a cover letter to tell about the book. Of course, I should give them a free copy as well, but others would purchase it, at least that is what they said when I visited the squadron offices a few weeks ago.

I also have a long reference to a book by a commanding officer of the squadron who ejected from his plane at 47,000 and made what was determined to be the longest lasting jump from an airplane. He wrote a book, "I Rode the Thunder" and would probably purchase my book as well. (I include this because my husband always told our kids this story, they loved it, and my daughter recently got the book from the library.)

I also was wondering about short quotes from deceased people, like Hemingway.

There is a cartoon that came out a few days after the squadron left for Key West during the Missile Crisis. In the cartoon is a picture of the squadron plane, exactly, with the squadron insignia. That was quite mysterious. How did the cartoonist see this? Security would have been tight. According to the cartoonist's website, permission to use his cartoons is given sparingly, and if there was something funny going on, it would be impossible, but I'd like to at least write this in such a way to present the mystery of it.

Carol

LC wrote:

Shelagh, to your husband! So he's a textbook writer, also? Is the book being marketed to podiatry schools? How long did it take him to write it? Is it heavily illustrated?

Re permissions, I was never asked by my non-fic pub to courtesy re-ask, and I used the same stuff through multiple editions. I hope neither of my text pubs ask. The original is tightly written so it seems like a lot of work for nothing. And what if the person then says no?

LC, the book is being marketed to podiatry students. He signed a contract in April 2007 and the deadline was April 2008. A year to write and a year to wait for the book to appear online.

I asked the same question about what to do if the answer is no. My husband said that the only permission that might not be given was for a graph that he had used and modified. He's quite prepared to remove the text referring to the graph if permission is denied. The lesson from this seems to be don't use material in your work that would mean a great deal of revision if the answer is no.