I have an answer now to the Fair Use dilemma for my book, thanks to one of the most knowledgeable and generous men I’ve met online. He summarized the reasoning behind the Fair Use clause in one paragraph, while all the pages I read and reread at all the .gov sites only added to my confusion. His one paragraph summarized the why of Fair Use for all future reference. NOW I get it.

My acquaintance with DanHeller began when I was compiling my reprint-permissions request letters for the AA journal, Dan Heller’s included, when his Photo Business Blog arrived on the subject of the abuse of the Fair Use clause in our Copyright law.

I recommend you read the article, Heckler's Veto: Blog Style and subscribe to his insightful photography business blog.

When I emailed Dan asking permission to use lead sentences from his site and his book-thumbnail in the Aperture Aside Photograher’s Resource Journal he responded with a kind “yes” and explanation that I didn’t need permission for this as it is under the Fair Use clause. But he thanked me anyway for letting him know.

I sent Dan the pre-publication issue with his links and we corresponded a handful of times while he freely offered advice on my site, journal and even the problem I was having opening a Google Adsense account. Always with his delightful dry wit.

So valuable is Dan Heller’s response I am reprinting our correspondence in full so that you may also benefit.

Aggie to Dan Heller

You have been so helpful with your advice; may I intrude once more with a question?

You seem extremely familiar with the Fair Use Clause of our Copyright law. I've reread it dozens of times, and one time I think I can use my examples as Fair Use and the next reading I think it says I can't.

I need to quote one-sentence to one-paragraph from various works for my book teaching the craft of rewriting. This book will be self-published and offered for sale. These short examples I want to use would basically be showing the wrong way to write. I use mostly my own mistakes as examples, but that gets old fast.

I've emailed all the writers asking permission but none have answered. I can't blame them, though I am very delicate in the book and stress that all writers do it wrong, that's why the craft of the rewrite is so vital, and that perfection cannot be obtained in the written word, at least in the English language.

The examples I want to use are all from online article submission sites that stipulate that you may freely reprint the articles without permission, but only in full, and of course, I only want to use a few sentences.

My book is for educational use which is allowed under fair use, but it's also for profit, not in a school setting. The more I reread the fair use clause the more confused I get. Do you have any advice for me?

Please forgive me if I've overstepped my bounds with this request, and feel free to tell me to shove off! No matter, have the best day ever!

Dan to Aggie Villanueva

The reason you're confused about Fair Use is because it's not finite -- it's based on a concept: that you can cite other works in context of talking ABOUT them. If you talk about someone's photos, you can include the ENTIRE photo. If you want to talk about ALL of someone's photos, then you can include ALL their photos...provided that you talk about each and every one of them. You _can't_ talk about one photo, and include ten photos.

As you can see, you can't really put this in writing in finite, absolute numbers.

So, with regards to your desire to quote other peoples' writing--- you can quote any part of their works without permission, provided that what you're quoting is relevant to what you're talking about. In fact, you can quote an entire book, provided you talk about each and every paragraph, or "element" or "style", and so long as "all of it" is necessary in order to express the point.

If you're going to talk about "bad writing styles" you can copy text that illustrates the point "sufficiently."

BTW, you have purchased my books, right?

Aggie to Dan Heller

Gulp...no I haven't. And I'm blushing now. You have been so kind and generous. And I really respect your knowledge now that I know you. I'm not really a skeptic, but there are so many people claiming to be able to tell you "HOW" that I don't really buy how to books. But I'm on my way now to purchase your valuable books.

I'm not saying at all that I thought you were a scam, or that everyone is a scam. Please don't misunderstand. But money is so tight that it takes some research to know where to spend it. And the truth is I spend so much time researching to find valuable advice to offer in my journal and on my site, there's not much time left for me to study the things I want to study.

But again, no excuses. I'm on my way to your site. And again I can't thank you enough for solving my dilemma. May I post your answer to me in the Fair Use thread I started in my forum, with a link to your books, of course? Oh, wait I don't need permission because that's fair use!!!! You are super. Is there anything I can do for you in return? If there is just holler.

Dan to Aggie Villanueva

Quote Aggie: May I post your answer to me in the Fair Use thread I started in my forum, with a link to your books, of course? Oh, wait I don't need permission because that's fair use!!!!

yay! You're learning!

Quote Aggie: You are super. Is there anything I can do for you in return? If there is just holler.

buying books from my site is all I ask.

Aggie to Dan Heller

The order just went through. Thankx again, Dan. You always make me chuckle. I look forward to that same sense of humor in your books. Have the best day ever.