Does Cliff Notes infringe on the copyrights owned by F. Scott Fitzgerald's estate?

[lselchau]

What is the name of your state (only U.S. law)? California

I am a new mom to a 3 month old baby. I've read a kajillion parenting books and found some real gems in them -- but found them overall to be VERY POORLY written. Some read as if there was no editor on the project whatsoever.

I would like to start a web site with very abridged versions of the most popular and helpful parenting books--kind of like a Cliff's Notes for these books. I would in no way be passing the ideas off as my own; I would specifically be saying "this is a 10,000 ft. view of 'Healthy Sleep Habits, Happy Child,'" and would make it very clear who the author is and source is. Perhaps I'd even show an image of the book cover. And, inside my summary, whenever I quoted material directly, I'd give page numbers.

My question is whether the author or the publishing house would have legal recourse on me if I posted such summaries up on a web site. I just wondered how it worked for Cliff Notes, Spark Notes, etc. -- if they have to get permissions from all the literary works or publishers of books they summarize.

Thanks for any help you can offer me. I truly appreciate it!

 

[Zigner]

What is the name of your state (only U.S. law)? California

I am a new mom to a 3 month old baby. I've read a kajillion parenting books and found some real gems in them -- but found them overall to be VERY POORLY written. Some read as if there was no editor on the project whatsoever.

I would like to start a web site with very abridged versions of the most popular and helpful parenting books--kind of like a Cliff's Notes for these books. I would in no way be passing the ideas off as my own; I would specifically be saying "this is a 10,000 ft. view of 'Healthy Sleep Habits, Happy Child,'" and would make it very clear who the author is and source is. Perhaps I'd even show an image of the book cover. And, inside my summary, whenever I quoted material directly, I'd give page numbers.

My question is whether the author or the publishing house would have legal recourse on me if I posted such summaries up on a web site. I just wondered how it worked for Cliff Notes, Spark Notes, etc. -- if they have to get permissions from all the literary works or publishers of books they summarize.

Thanks for any help you can offer me. I truly appreciate it!

All of the disclaimers and citations in the world won't keep your idea from infringing on the rights of the copyright holders.
Yes, you need permission, as applicable to each work.

 

[tranquility]

I don't know. I think we all learn from what we read, watch or experience.

Does that mean we cannot disclose what we have learned to others without violation of law?

Really?

This seems a factual issue better suited to an attorney who will look at the facts and apply them to law. In my gut, I'd say it's OK. Yet, I know the ****-like adherence to particular statutes by an industry who's lobbyists control those who make the law and who make IP quite complex.

Edit:
Apparently the **** is automatically excluded from ideas here. What I mean is some governmental agency who, with no other purpose but their own as based on supporters wants to limit speech. Hitler. Germany. Party. I'll have to post and see if this ideal is censored as well.

 

[Zigner]

I don't know. I think we all learn from what we read, watch or experience.

Does that mean we cannot disclose what we have learned to others without violation of law?

Really?

This seems a factual issue better suited to an attorney who will look at the facts and apply them to law. In my gut, I'd say it's OK. Yet, I know the ****-like adherence to particular statutes by an industry who's lobbyists control those who make the law and who make IP quite complex.

Edit:
Apparently the **** is automatically excluded from ideas here. What I mean is some governmental agency who, with no other purpose but their own as based on supporters wants to limit speech. Hitler. Germany. Party. I'll have to post and see if this ideal is censored as well.

My post was intentionally vague because, without seeing the material in question, how could we even guess about this?

 

[tranquility]

Yes. I agree I'd rather pound the table on a factual issue here.

(As in, if the facts are on your side, pound the facts. If the law, pound the law. If neither, pound the table.)

 

[lselchau]

@Zigner and @Tranquility, thank you. Thanks for taking the time to respond.

As you mentioned, you would need to see the material at hand to really say one way or the other.

I haven't actually written the material yet, because I wanted to explore whether it would end up getting me in trouble before I go through the effort, you know? ; )

But what I envision would be something similar to Cliff's Notes for about 5-10 popular parenting/baby care books. I am imagining calling it something like "Guides For The Sleep-Deprived Parent" or something, because it strikes me as cruelly ironic that when you go to read these books, you're extremely tired and then they are so disorganized and rambling.

What I picture doing is having three summaries per book. One: the 10,000-foot view. Just the basic 4 or 5 points of the book. Two: the basic premises of the book with perhaps a few of the best anecdotes from the book included. Three: something a little more filled out than that.

Or perhaps I'd just have two levels--one called "If you've got 5 minutes" and one called "If you've got an hour."

The intention would be to help newbies like myself be able to glean the key points from these books, which really are helpful, without having to sift and wade through them to get to the key points.

And, oh yeah, I would have some ads on my site. Gotta make it worth my while.

So, does this give you a clearer idea of what I'm asking about? And do you think I would have to go to each of the publishers of these books and get permission before posting a web site like this?

Thanks again, to any and all who want to weigh in.

Lou

 

[justalayman]

with perhaps a few of the best anecdotes from the book included

that killed it right there even if you had a chance prior.

You cannot quote the book you are copying.

 

[tranquility]

Unless the usage provides a benefit to the copyright holder, ANY usage will be considered by them to be a violation. Fair use is not something copyright holders like. Is it fair use? It is certainly less likely if you quote long passages from the book.

To know, you would need an expert to review your precise plan. Someone who reads the cases all the time and who knows what has and has not been considered fair use.

For an idea of the amount of knowledge a person would need to "know", see:

Social Science Research Network (SSRN) Home Page and use the search term "fair use" and get many pages of scholarly articles. Pick some which seem relevant.

Even then, litigation is expensive. One lawsuit will ruin your whole day. IP is broken as few can tell the answer and all the power is in the hands of those with money.

 

[quincy]

Short of reviewing your material with an IP attorney, which I strongly recommend you do prior to any publication of any summaries on your website, you can get a basic idea of whether your proposed website will infringe on the copyrighted works of the authors by looking at the copyright law and what exactly copyright protects.

A copyright gives the owner of a created work the right to control the reproduction, distribution, and display of the work, and the right to prepare derivative works. In written works, copyright will protect the way ideas and facts are expressed, which includes the choice of words and the arrangement of words.

However, copyright does NOT protect ideas or facts (with a few exceptions).

Divgradcurl, the FA forum's resident IP expert, once gave the example of what copyright protects by saying that the idea of "boy meets girl" is not copyrightable, but "Romeo and Juliet" would be - the story of Romeo and Juliet is Shakespeare's expression of the boy meets girl idea.

The copyright law's "fair use doctrine" provides, under some circumstances, the opportunity for others to use a limited amount of a copyrighted work without the copyright holder's permission. What is looked at in fair use is the purpose of the use, the nature of the work being used, the amount and substantiality of the portion used in relation to the whole of the work, and the effect of the use on the market and value of the work.

Unfortunately, fair use is determined at the court level after an infringement suit has been filed by a copyright holder, and there is no set formula to go by as to what is fair and what isn't. The greater the amount of the work "borrowed," the less likely a court would be to find the use fair, although even using a small but vital part of a copyrighted work can be found infringing.

Proper attribution and disclaimers cannot make a use a fair use and will not prevent a lawsuit, which is why those who intend to use material from another's copyrighted work will either get permission (which is highly recommended) or will take out liability insurance enough to cover the lawsuits that may follow unauthorized uses.

Cliffs Notes, Spark Notes, Einstein's Notes, A-Plus Notes, Coles Notes - all could be subject to a suit by a copyright holder. Most of the aforementioned "Notes," however, tend to concentrate on discussing and summarizing or condensing old classics, many of which, like Candide, are in the public domain. Public domain materials can be used freely (although there are a few caveats about using public domain materials, as well).

There have been lawsuits filed against and by "Notes" in the past. Cliffs Notes sued Spy Notes, for instance, over Spy's use of a Cliffs Notes format with its parody of lesser-known and not real terrific novels. Cliffs lost. And A-Plus Notes was sued (but the case was rejected by the courts). And a Florida professor sued over the use of his lecture notes in a Cliffs-Notes-style publication marketed for sale to students.

Right away I see several problems with your proposed website idea - taking vital portions of newer copyrighted works and using them in a competing way, for one example. This can affect the market for the books and the value of the works you are using.

Although something like what you propose is doable with the consent of the copyright holders, it can potentially be doable without (although not without legal risk). But your website idea would require revision in parts, very careful selection and editing of the copyrighted material you wish to use, and a solid review of what you have created by an attorney well-versed in copyright law - all prior to publication.

 

[lselchau]

Thank you all for your thorough responses.

Sigh. I don't know if I care enough about it to spend the time and money to set it up.

I really appreciate knowing that NOW, though, not when I'm well into the project.

Best regards to all of you.

 

[justalayman]

If you do consider going forward, it's time to sit down with an attorney that can speak more directly to your ideas. Possibly some examples would help you explain what you have in mind and then the attorney can help guide you as to what is and isn't allowed.