On Quoting the Works of Louis and Celia Zukofsky

Biographical information about Louis and Celia Zukofsky is available here. Paul is their son, and he posted the following at this site:

from Paul Zukofsky

TO WHOM IT MAY CONCERN

Far too many people, especially perhaps-innocent grad. students, have been misled into thinking that, in terms of quoting LZ or CZ, they may do what they want, and do not have to worry about me. These people are then suddenly faced with the reality of an irascible, recalcitrant MOI, and are confronted with the very real prospect of years of work potentially down the tubes. I therefore wish to post an obvious “do not trespass” sign where LZ aficionados may see it.

All Louis and Celia Zukofsky is still copyright, and will remain so for many many years. I own all of these copyrights, and they are my property, and I insist upon deriving income from that property. For those of you convinced that LZ would find my stance abhorrent, the truth is that he kept all copyrights (initially in his name) as he had the rather absurd idea that said copyrights would be sufficient to allow for the economic survival of my mother, and their son. My stance is congruent with that hope.

Despite what you may have been told, you may not use LZ’s words as you see fit, as if you owned them, while you hide behind the rubric of “fair use”. “Fair use” is a very-broadly defined doctrine, of which I take a very narrow interpretation, and I expect my views to be respected. We can therefore either more or less amicably work out the fees that I demand; you can remove all quotation; or we can turn the matter over to lawyers, this last solution being the worst of the three, but one which I will use if I need to enforce my rights.

In general, as a matter of principle, and for your own well-being, I urge you to not work on Louis Zukofsky, and prefer that you do not. Working on LZ will be far more trouble than it is worth. You will be far more appreciated working on some author whose copyright holder(s) will actually cherish you, and/or your work. I do not, and no one should work under those conditions. However, if you have no choice in the matter, here are the procedures that I insist upon, and what you must do if you wish to spare yourself as much grief as possible.

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“Ignoring RIAA lawsuits cheaper than going to trial”

From Ars Technica:

… Jammie Thomas-Rasset and Joel Tenenbaum captured the nation’s attention when they were defendants in the RIAA’s first two trials against accused online infringers. But here’s the mind-warping reality: both defendants would have been far better off monetarily if they had simply ignored the complaint altogether and failed to show up in court.

That counterintuitive logic played out again this week in Massachusetts, where federal judge Nancy Gertner issued four default judgments against accused P2P file-swappers who never bothered to respond to the charges against them. Their failure to appear meant an automatic loss, and though the judge does have some discretion in setting penalties, judges often pick the minimum awards in such cases.

That was true in all four cases, where Gertner accepted the record labels’ claims and awarded them the minimum statutory damages of $750 per song. The defendants were accused of downloading an average of ten songs, putting total awards in the $7,500 range, in addition to a few hundred more for court costs. …

…Thomas-Rasset’s retrial ended up with a $1.92 million award, while Tenenbaum faces $675,000 in damages. Those who didn’t show up owe around $7,500. …

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That is pretty darned disconcerting. Punishing people for defending themselves serves the RIAA pretty well, but justice? Not so much.