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242 pages, Paperback
First published March 12, 2012
Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:Unfortunately, I learned the hard way that copyrighted images are generally not easy to include: the problem is that you'll be using the whole image, rather than just an illustrative part of it. Martha, my talented cover artist, had put together the following very attractive cover:
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for, or value of, the copyrighted work
The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.
The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: "quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied..."


In the shower just now, I suddenly had a Eureka moment. The aspect of this current censorship war that's been upsetting us most is the feeling of powerlessless. Goodreads can arbitrarily change the rules, and they hardly even bother to respond when we complain. But we are not powerless. There are twenty million of us, and only a few dozen of them. We just need to get a little more organized, and we can easily resist.
So here's one concrete way to do it, based on the legend of Hercules. You will recall that Hercules had a difficult time against the Lernean Hydra; every time he cut off one of its heads, ten more grew back. We can do the same thing if we adopt the following plan:
1. Back up all your reviews, so that you have a copy of everything you have posted.
2. If you think that one of your reviews has been unreasonably deleted by Goodreads, repost it with an image of the Hydra at the top.
3. If you see someone else posting a Hydra review, make a copy of it and post it yourself.
We can improve this basic scheme with a little thought; for example, it would be better to have a place where we keep HTML marked-up source of reviews, so that they can immediately be reposted with the same formatting, and we need a plan for duplicating deleted shelves. But we can sort that out later. Without getting too bogged down in the details, I'm sure you see what will happen. The net result of Goodreads unreasonably deleting a review will be that it immediately comes back in many different places.
People who know their Greek mythology will be aware that Hercules did in fact defeat the Hydra, and Goodreads can use the same method if they dare; they can close down the account of anyone who participates in the scheme. That will work, but I am not sure that anything less drastic will be effective. I think Goodreads will be reluctant to escalate to this level. A large proportion of the most active reviewers are now part of the protest movement, and they would be losing much of the content that makes the site valuable. Even more to the point, the media have already started to get interested (maybe you saw the article in the Washington Post). They would love the story, and it would create a mountain of bad publicity for Goodreads and Amazon.
I'd say the odds are heavily in our favor. Why don't we try it? I promise now to respond to any Hydra calls.
