Obtaining Copyright Permission
Posted on 23 September 2010 by Karen Risch
Let’s start with the most basic bit, the question of whether you need to seek permission or not. Most of the time, if you’re quoting judiciously, sparingly, and not much from the same source, the answer is no. Similarly, if the piece you’re incorporating won’t become the centerpiece or main substance of your work, it’s still no. However, there aren’t any hard and fast rules about how many words or how many lines of text you can quote without infringing on someone else’s copyright. If you ever read that there are such rules, don’t believe it!
Keep in mind that I’m not a lawyer, so this isn’t legal advice, but I’m going to tell you under what circumstances I seek permission. This is based on years of securing permission for non-fiction books, magazine articles, and blog posts in which all kinds of other people’s material has been excerpted and reprinted—with clearance from the copyright holder when necessary.
I do seek permission:
- Any time I’m quoting poetry or song lyrics, or reproducing an image (graph, photo, or illustration) owned by someone else. These pretty much require permission no matter what, no matter how short or small.
- Any time I’m quoting a decent-length (note ambiguity here) passage from an essay, because the proportion of text in relation to the original is considered relevant in copyright cases.
- Any time I’m quoting in such a way that I see the possibility that I’m reducing the original writer’s ability to make money from publication of the original piece.
EXCEPTION: Any of these can be exempt from the need to obtain permission if they’re in the public domain.
That’s it. If the item doesn’t satisfy one of those criteria, then no worries. No permission required, as I see it. (You may wish to read the copyright law and draw your own conclusions. In fact, I recommend it. At the very least, skim it.)
However, if you do need to seek permission, then here are the steps:
- Know how your work will be published (by whom), how many copies will be printed, and the price per copy. You’ll need to include that information in your permission request letter.
- Decide what clearance you’ll need: does your publisher require permission to reprint in all editions, all languages, for all time? Or is it just for English language, North American rights, hardback only? This is important. I just recently had to go back to a few publishers who granted permission to ask for more clearance because I hadn’t originally asked that it cover the book in digital (ebook) form, something publishers are planning for now, right from the first printing.
- Discern who can grant you permission. This can be an estate (as is the case with anything by long-deceased people), a publisher (as is the case with most poetry), or an individual (as is the case with most photographs). If you’re pulling something from a book, start with the publisher, who will refer you elsewhere if the copyright is managed by another agency.
- Write a letter to the copyright holder specifying the following information: the title of your work, the publisher, the price for all editions for which you’re seeking clearance, the number of copies for each edition (you can estimate, and I suggest you estimate a little high so you don’t have to go begging later; assuming you aren’t self-publishing, consult with your editor). Include the line or passage you’re quoting, and specify how it will be used and the clearance you’re seeking. (Want to see an example of a permission request letter? Email me, and I’ll send it to you.) Also be sure to ask for redirection should the recipient not be entitled to grant permission.
- Wait patiently, perhaps up to eight weeks. If the response comes back with “I don’t own the copyright to this particular bit,” then begin again at step 4.
- When you receive the copyright permission agreement, review the document carefully. Make sure they’ve stipulated the rights you’ve requested or, if it’s lesser clearance, that it’s still agreeable to you. Pay attention to the fee and any other requirements, such as the need to return signed copies in duplicate, to send the agreement one place and payment to another, or to provide a copy of your work after it’s published.
A note about fees: they range wildly, depending on how closely the copyright holder guards usage, how popular or famous the original maker is, how you’re using the material (a quote in the text versus an epigram at the start of your book, for example), and, to be honest, other factors I have no inkling of. For rough reference, here are some fees we’ve paid recently: $500 to a photographer for the use of three images in all editions and translations of a book; $90 for the use of three lines of poetry in a hardback edition, English language only; $425 for the use of an abbreviated excerpt from three paragraphs of an essay in all editions, English language only; $500 for use of an entire poem as a coda to the text in all editions, all languages.
Ideally, you’ll secure similar clearance from all sources for your book so that you avoid the headache of keeping track of who said you could use what for which editions or translations. Fees and terms are generally negotiable, though if you’re happy with them, I don’t suggest haggling just for the sake of it. Given the time it takes to go back and forth, you’re better off saving your breath for negotiations that really matter.
Best of luck to you in this and all your publishing adventures!
You might also like to read:
- Author Photos: Negotiate Costs and Terms Up Front
- Ask for Endorsements: Here’s How
- Write to the Point: Crafting Great Stories (5 Ps of Story Prep, Pt. 1)
- Write Like a Rock Star (5 Ps of Story Prep, Pt. 2)
- Edit for Maximum Impact (5 Ps of Story Prep, Pt. 3)
6 responses to Obtaining Copyright Permission
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How does this relate to interviewing people for my book? They are telling me stories – on a theme – that will be included in the book. All have spoken willingly and at some length – including two members of the media. No one has expressed any restrictions (other than specifically asking that one story not be included, which of course I will honor). I did not ask for a written release, and no one requested one.
There’s no copyright of speech until it’s been recorded, either written down or otherwise–only then does it become protected as a “literary work.” An audio recording, for example, would be the protected intellectual property of the person whose voice is on the recording.
Will you tell these stories in your own words? If so, *your* expression of them will be what’s protected under copyright law.
Will you attribute the stories? If you do, then you might be wise to get some sort of sign-off from the original storyteller, signifying that you have permission to use the name and stipulating this person has approved the way he or she has been represented. Not really a copyright permission request, but instead a consent and release … now we’re getting into slightly different legal territory. (But remember, I’m not a lawyer; I don’t even play one on TV.
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I am using the names of people I know in my memoir – they are part of my story. Are you aware of a form that is available for them to sign granting me permission to use their names, to quote them, etc.?
Here’s a form from the University of Arizona Press, if you were to interview people: http://www.uapress.arizona.edu/InterviewRelease.htm
But you’re asking about using people’s real names, and that alone doesn’t require specific permission–I don’t think. The legal concern, I suppose, would be to ensure that you’re not committing libel (tell the truth, and that’s not an issue). Beyond that, you’ll want to examine your own concerns about injuring other people’s pride or harming your relationships with them. Some memoirists take the stand that if it happened, it’s fair game. Others are more careful to protect and polish other people’s past.
Best of luck!
Oh, wait. Now you really got me wondering … I just consulted a couple of books: Kirsch’s Handbook of Publishing Law and The Writer’s Lawyer. Both include sections on “invasion of privacy,” which is probably the area you’re concerned with here. Even if true statements are made, you’ve violated someone’s privacy by using their name in your memoir if you: 1) make public disclosure of private facts, especially stuff that’s embarrassing; 2) mislead people to think something about the person that’s not true, even if you don’t explicitly state the untruth, which is considered casting them in “false light”; or 3) misappropriating someone’s name for commercial endorsement, like saying they loved your book when they never gave you permission to quote.
Do a search on “life story rights agreement” or “depiction rights agreement” if you wish to secure consent to use a non-public person’s name and story in your book. Most of these forms are for use by film makers rather than writers (mainly because they’re more frequently required for TV and movies than for books), but you could certainly adapt. Bottom line: if you’re uncertain about this, you should probably make the leap and consult an intellectual property attorney to protect yourself from claims of defamation or invasion of privacy.
Thanks so much Karen. I apologize for the tardiness of my thanks for your response but I just found your response. Best wishes!