Thanks for that clarification, Martin. I stand corrected; I misspoke and really apologize. Too late now, but indeed I almost added to my original post something along the lines of "as far as I recall," or some such qualification. I'm sorry if what I said led anyone astray... -hb On Fri, Feb 24, 2017 at 11:54 AM, Martin Zehr <[log in to unmask]> wrote: > > > > In response to Hal's remark that the use of the letters is for a > > "scholarly work, generating little or no profit," that is a distinction > > without a difference, from a legal perspective. If someone knows about > the > > use of their letters, and chooses not to object or pursue a legal remedy, > > then the legal doctrine of laches kicks in, i.e., the law won't aid > someone > > who sits on their rights, assuming they "knew or should have known" their > > rights were being violated, if they don't object in a reasonable time > > frame, for a civil case like this, my guess would be about two years, but > > don't quote me on that. > > > > > The example that I'm most familiar with is the situation regarding the > > letters of Willa Cather, who died in 1947. The largest group of her > > letters still available is located at the University of Nebraska-Lincoln, > > her alma mater, and is available for review by scholars. You can describe > > the contents generally, or even, to a certain extent, paraphrase parts of > > her letters, but quoting them is strictly verboten, and would likely > elicit > > a response from the estate lawyers, or their successors, assigns, etc. > (I'm > > not, I assure you, the voice of experience in this regard). It's always > > the best strategy to make, at the very least, a "good faith" effort to > > locate the authors of the letters, or representatives of their estate, > > prior to quoting from them, and to request written permission for > > quotations. > > Martin Zehr > > On Fri, Feb 24, 2017 at 9:07 AM, Hal Bush <[log in to unmask]> wrote: > > > Dear Colleagues; I've read the installments from both Kevin & Joe, and > > also have now read the material in the book, which just arrived here the > > other day. > > > > First, I hope the issues they bring up will not stop everyone on the LIST > > from reading the book: this wonderful volume, MT Under Fire, is really > > just terrific; What a resource!! We are all indebted to Joe for this > > accomplishment! > > > > As for the brouhaha at the Forum, beginning with Kevin's review: those > are > > really interesting questions being asked. As for fair use, I think given > > the fact it is a scholarly work generating little or no profit, it is > > "legal." Now, whether it is "moral" or "ethical," I cannot say; but I > > think the material was published in the interest of full disclosure of > > "family business," so to speak. Personally, I've been around the block > in > > the Twain world, with at least 4 week-long visits to Berkeley and 2 long > > stays at Quarry Farm. And yet I knew nothing about the heart of the > > charges that Joe's book, and then Kevin, are addressing. I'm not sure > how > > comfortable I would have felt about airing those charges by and about > > scholars still with us--scholars for whom I have the utmost respect and, > I > > hope, some friendship. I can also say that the folks at the MT Project > & > > Papers, do heroic work, and we are all indebted to them and to Alan. It > > certainly makes me wonder if these issues came up during the editorial > > project?? In short: some surprising stuff... but at about pp. 143-45, > > only 3 pages, a very minor component to an otherwise awesome achievement. > > > > So far, the silence on Joe's response, and regarding Kevin's remarks to > > Joe, is deafening. I think we can all understand why: most of us know > each > > other, and we'll be sitting at dinner together in just a few short months > > in Elmira. Still, some readers on here know me, and my willingness to be > > blunt -- & frankly, I've felt like I (or someone) probably should say > > something, for better or worse. > > > > And here it is: I have only the highest respect for everyone involved, > > too. Mainly: MT Under Fire is just a hugely valuable work. And I'm > > grateful to Joe for writing it; and for Kevin for bringing up those > > difficult issues. But internal squabbles aside, I hope everyone will > read > > the book, and order one for your libraries. > > > > --hb > > > > > > > > -- > > Prof. Harold K. Bush > > Professor of English > > 3800 Lindell > > Saint Louis University > > St. Louis, MO 63108 > > 314-977-3616 (w); 314-771-6795 (h) > > <www.slu.edu/x23809.xml> > > > -- Prof. Harold K. Bush Professor of English 3800 Lindell Saint Louis University St. Louis, MO 63108 314-977-3616 (w); 314-771-6795 (h) <www.slu.edu/x23809.xml>