Annette wrote:
-----Original Message-----
From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED]] On
Behalf Of Annette Taylor
Sent: Monday, February 01, 1999 10:18 AM
To: Tim Shearon
Cc: [EMAIL PROTECTED]
Subject: Re: cartoons/comics (U.S. Copyright)
Well, I am still puzzled by the cartoon thing as being defined as
"whole". If I copy a single cartoon out of a book which contains
several hundred--i.e., Gary Larson has several farside cartoon books
out there, each with several hundred cartoons--then it is hardly
"whole".
Furthermore, if I don't distribute it, but just show it on an
overhead then how is this really different than if I just bring
in the book and pass it around with that one cartoon highlighted
somehow?---putting it on the overhead is simply more expedient.
This really is a gray and fuzzy area. Furthermore, I think an
argument could be made that if a student finds some of the comics
funny they will be motivated to go out and buy an entire book of
them even if they are not related to their class.
Lastly, if I take a cartoon from the newspaper, and the paper has
something like 50+ cartoons on the funny pages, then that also
doesn't seem like a "whole" item--it is 1/50th. Does the copyright
belong to the paper? to the author? and if the latter, does it
go by day, by week by month, by contractual period.
It seems that this is a sufficently complicated issue that
"reasonable ignorance" is a factor.
>>>>>>>>>>>>>>>>>>>>>
Let me try to clarify that for you, Annette.
Each cartoon in, for example, a "Far Side" book is actually a separate
article. The book is a compilation, and in that sense the cartoon is
treated in the same manner that, for example, a short story would be
treated in a "Years Best Science Fiction" anthology. The cartoons in the
book all originally appeared in newspapers or other publications and were
compiled by the copyright owner (in this case, Larsen) for the book.
In the case of the newspaper, essentially the same holds true. That is,
the creator of the cartoon (or his/her agent) holds the copyright to the
work and the newspaper pays a royalty for publishing it.
In terms of copyright compliance, "reasonable ignorance" isn't a factor.
If it can be shown that you violated copyright law, you can be held both
civilly and criminally liable for the offense. This is the reason most
academic institutions are stressing the need to obtain written permission
before using copyright material.
Put it in a different perspective. You are discussing the use of
general-interest material in an academic setting. Reverse the position.
Imagine you discovered that photocopies of one of your research articles
was being given away at a county fair to anyone who attended. While you
might be flattered that your work was so well thought of, wouldn't you
simultaneously feel that your property had been stolen from you? More
importantly, if the publisher or author of a work permits that work to be
distributed (beyond "fair use" guidelines), s/he can lose all rights to
the work to the public domain. Thus, if Larsen permits his cartoons to be
copied and passed around in classes (without granting express permission
to the specific instructors involved), that cartoon may become public
property for which he can no longer charge royalties-potentially a severe
loss of income.
The law may seem to unfairly restrict us as teachers, but it _does_
protect the property rights of the creators of the work. If you want to
share a cartoon, instead of copying it, cut it out and tape it to your
office door (as most of us do anyway). Your students will see it there,
and since you are displaying the original not a copy, you will NOT be
violating copyright law in any manner.
Hope it clarifies the situation a bit. For the record, before I went back
to college and entered teaching, I was the Senior Editor of an
International magazine and a writer, so I've dealt with copyright law from
both sides of the desk. I have yet to meet or hear of an author or
cartoonist who would refuse permission to copy his/her work for classroom
use-as you point out it would increase sales in many cases. It just takes
a short note to the publisher or author to obtain the permission, and you
are _both_ protected as a result.
Rick
