In my last post I mentioned that I was seeking permission to use two lines from a country and Western song sung by Ernest Tubb in 1959 as an opener for my memoir. I still haven’t heard anything back from the copyright holders, a large transnational organisation which holds copyright on a huge number of songs.
This has led me to further musings on copyright as a concept and practice. There are many countries in the world which appear to have no copyright laws or if they do, they don’t enforce them especially if the writing being used comes from somewhere else. Imagine my surprise a couple of decades ago to find my book Nature and Nurture published in a Third World country, in English and pretty much in full although without the photographs and someone else’s name on the cover. But somehow there seemed a rightness to that. The book is unobtainable anywhere as the Australian publishers never republished it, and made no effort to make it available anywhere outside Australia. Practically no libraries in the world hold it. This of course was before self-publishing. If people somewhere else want to read my book, this was a way of doing it, and did it matter that much who was the author?
These libertarian thoughts are very much outside the frame today. Everyone is so precious about their rights over a few sentences that whole books can be pulped for some minor bit of plagiarism. You are legally vulnerable even where the copyright holders don’t answer queries or have gone out of business. This, in an era when visual and written information can be circulated as never before.
Copyright is an issue quite apart from libel and privacy breaches. My inability to finish Regret Horizon is in large part due to my anxieties over privacy issues which remain unresolved.
I wonder how much one would have to change the text to claim that those two lines were no longer subject to copyright? I’ll play with that idea, but somehow it just wouldn’t be the same.