Intellectual Property Rights

As a writer and photographer, I’m often territorial about my words and images, so I can understand any creative person getting huffy or even litigious when their intellectual property is used without permission. If I want some pithy quotes, I use the words of a long-dead people, always crediting them, of course.

I designed a greeting card using a photograph I took of old books my mother has collected. I added some quotes from five long-dead authors and philosophers about books and then posted the card on a Print on Demand (POD) site where I have many products. The card is to be a small gift for my fellow book club members (Shhh, don’t tell them.)

A few days later, I received an email from the POD site informing me that my “design contains an image or text that infringes on intellectual
property rights. We have been contacted by the intellectual property right holder and at their request we will be removing your product from …’s Marketplace due to intellectual property claims.”

There was no clue which element might have offended, so I pressed the POD site to find out. Was it one of the publishers listed on the book spines in the photograph? I couldn’t imagine that it would be any of the people I quoted. They’d all been dead at least seventy-five years, when copyrights expire. I realize that copyright issues are much more complicated than that (after all, lawyers are involved) and some copyrights can be renewed. I’ve recently learned that even many versions of the Bible are copyrighted. The King James version, however, is in the public domain.

A plaque featuring Mark Twain's words about Australia is on Writers Walk on Circular Quay of Sydney Harbor in Sydney, Australia. Somehow I must have known I'd meet up with Mark Twain again when I took this photograph.

This was the advice I’d been given about Fair Use. “Public domain works are works whose copyrights were issued before 1923. Many authors choose to use quotes only from people who have been dead more than seventy-five years because their quotes are now considered “Fair Use” under the public domain. Copyrights are good for the duration of the author’s life and for seventy-five years beyond their death. It is generally safe to use quotes from authors who died 1936 or before.”

The POD site fingered the complainer: Mark Twain, or, more accurately, the representatives of Mark Twain. “We have been contacted by the licensing company (I won’t name them) who represent Mark Twain, and at their request, have removed the product from the …  Marketplace.”

I went to the Mark Twain Rep site where I read: “We work with companies around the world who wish to use the name or likeness of Mark Twain in any commercial fashion. The words and the signature “Mark Twain” are trademarks owned and protected by the Estate of Mark Twain. In addition, the image, name, and voice of Mark Twain is a protectable property right owned by the Estate of Mark Twain. Any use of the above, without the express written consent of the Estate of Mark Twain is strictly prohibited.”

Since I make no money from this blog, I hope Twain’s representatives don’t hunt me down here. I’m not even putting Mark Twain or his real name Samuel Clemons in the tags.

Mark Twain was very concerned about protecting his work from pirates, even though he also fussed over nitpicking copyright laws. He wanted the profits from his works — and he was sure there would be plenty of them — to continue to go to his daughters after his death. In Twain’s day, copyright protection expired after 42 years.

Twain is one of the most widely known authors in the world and is still kicking up a fuss today. A publisher recently republished  a politically correct version of “The Adventures of Huckleberry Finn” by substituting the word slave for the N word, which provoked a lot of discussion — and more sales.

In November 2010, the first of three volumes of Twain’s autobiography were published complete and unexpurgated for the first time by the Mark Twain Project a hundred years after Twain’s death. Twain had said that he wanted to suppress the publication of some of his more biting comments for a hundred years, but Twain shrewdly also knew that this new version would start the clock ticking on new copyright protection.

Here are two discussions about Twain and copyright:
Mark Twain’s plans to compete with copyright “pirates” (in 1906)

The Mark Twain Project’s Discussion of Copyright and Permissions.

About the Politically Correct Version of “The Adventures of Huckleberry Finn.”

Here’s a link to the revised greeting card minus the Mark Twain quote.   I did use a quote from Abraham Lincoln and another from Kenkō Yoshida (or Yoshida Kenkō), a Japanese Buddhist monk, who died around 1350.  I think I’m safe there, but you never know.

Love of Books Card.

“A day is coming, when, in the eye of the law, literary property will be as sacred as whisky, or any other of the necessaries of life.” ~ Mark Twain ~

It’s a Chelsea Morning

 

I was in third grade when I decided to be a novelist.  It sounded so glamorous and important.  You and your books are studied in school.  People discuss what you were thinking, what you meant when you wrote “the quick brown fox jumps over the lazy dog.”  They pay money for your thoughts!  There’s a catch, though.  To be a novelist you have to finish and preferably publish a novel.

I did pursue a writing career as a journalist, but nearly all of those hundreds of thousands of words have crumbled into dust, barely remembered the day after they were read. I never achieved that third-grade hope of writing some soul-stirring, enduring piece of work, like that of Ernest Hemingway or Jane Austen.

My novels still reside in my head and on scraps of paper and in numerous files on my computer.  I’m sure there are millions just like me. My son recently forwarded me a link on how to publish a book on Kindle.  Now, I have no excuse for not finishing the work that everyone has been breathlessly waiting for! No publisher or agent stands in my way.  I am my only obstacle. (Which so far has been a HUGE obstacle.)

One good thing is that I no longer have delusions of grandeur.  The New York Times Bestseller List?  Who needs it!  The Nobel Prize for Literature? A farce!  A Pulitzer Prize?  Don’t make me laugh! I just want to finish something readable and absorbing. My goal is to have a novel finished and on Kindle by the end of 2011. You heard it here first. Hold me to it! If you want to write a novel, join me in this goal. We can download one another’s books. We can have our own book club. (Kindle link at the bottom.)

I was looking through my zillions of photographs and came upon the above photograph, which I took from the balcony of the Chelsea Hotel, a mecca for creative people. I’m going to tack up the photo as an inspiration to write.

I took the photo in 1989, when I visited my friends Jan and Richard in their apartment at the Chelsea Hotel.  Jan and Richard are both extremely talented and creative people, so it was fitting that they should live in a building that had been a home to so many writers, artists and musicians. Among the writers who have lived there are Mark Twain, O. Henry, Dylan Thomas (who died there of alcohol poisoning), Arthur C. Clarke (who wrote 2001: A Space Odyssey there), William S. Burroughs (who later moved to my college town of Lawrence, Kansas), Leonard Cohen, Arthur Miller, Quentin Crisp, Gore Vidal, Tennessee Williams, Allen Ginsberg, Jack Kerouac (who wrote On the Road there), Robert Hunter, Brendan Behan, Simone De Beauvoir, Jean-Paul Sartre, Thomas Wolfe, Charles Bukowski.  Among musicians who lived there were Bob Dylan, Janis Joplin and Patti Smith. The Grateful Dead stayed there.

The Chelsea is at 222 West 23rd Street, between Seventh and Eighth Avenues, in the Manhattan neighborhood of Chelsea.  The 250-unit hotel was designated a New York City landmark in 1966, and placed on the National Register of Historic Places in 1977.

About the Hotel Chelsea.

How to publish your book on Kindle.