So here’s yet another case of over-the-top copyright restrictions involving something I wrote. In December 2014, the Whitehead Research Project held an excellent conference on Whitehead’s short book Symbolism. I was one of the speakers at the conference; I posted an uncorrected version of my talk, “Whitehead on Causality and Perception,” as a blog entry. As has happened with previous conferences sponsored by the WRP, the essays are supposed to be collected in a volume. As far as I knew, the volume was proceeding apace. But today I received the following from the editors in my email:
As we are only allowed 500 words worth of quotes from any single work within the volume, ALL short Symbolism quotes within your chapter must be paraphrased or removed entirely. This is an unfortunate and difficult requirement, but the alternative is that you pay Simon & Schuster the fee for quotations associated with your chapter, which would also delay the publication of the entire volume up to a year.
This strikes me as completely unwarranted. And actually, I am not quite sure even how to interpret it. Does it mean that no more than 500 words from Symbolism may be quoted in each individual article? Or that no more than 500 words from Symbolism (or any other single text of Whitehead’s) may be quoted in the entire volume of essays?
I haven’t actually counted the number of words I quote from Symbolism in my (approx) 6000-word essay. But my frequent short citations of the volume are entirely to be expected in a scholarly essay that engages in the close reading of a difficult philosophical text. Without the citations from Whitehead’s book, my own essay makes no sense. Whitehead’s Symbolism is itself (approx) 17,000-words long; a short book, in other words, but still I have only cited a small portion of it in my own essay. My citations are clearly protected under fair use. (As far as I am aware, it is only in the case of poetry and song lyrics that such fair use protection is not granted. To extend the poetry rule for philosophical treatises would be a calamity for all intellectual discussion).
In any case, I am not willing either to remove the quotations and substitute paraphrase, or to pay Simon and Schuster whatever extortionate amount they demand for me to exercise my rights under the doctrine of fair use. So my only choice is to withdraw the essay from the volume, unless the current restriction is removed. In any case, I do not blame the editors at WRP for this situation; they have assured me that they are doing their best to get Simon and Schuster to reconsider. But I am angry about the general climate with regards to copyright, in which large publishers (like S&S) can in effect act like bullies, and to impose egregious restrictions like this which contravene the very notion of fair use, simply because they know that nobody else can afford the legal fees that it would cost to contest these restrictions in court.
I should say that I am very proud of this essay; I think it is one of the best and most significant articles that I have ever written. Of course, maybe I am just congratulating myself too much; this is something for every reader to decide. But readers’ judgments can only be made if the article itself is available to read; you can access and download it here.