Author: W. S. Davis, Th.D
Date:   04-12-01 09:50

In my upcoming book, I used a calendar based upon (and rather loosely) from an older book. I have acknowledged the author and book in both footnotes, in the text, and in the Biblio.

What more must I do to avoid problems? I have contacted the widow ofthe author to seek permission, but have heard nothing as of yet. meanwhile, the publisher is waiting.

Author: Bly Oxford
Date:   04-12-01 10:13

Submit as is. Explain your concern to the publisher. If the editorial department thinks permission for use is needed, the department will have more expertise for obtaining permission than you have.
Bly

Author: Hal Zina Bennett
Date:   04-12-01 14:43

It depends on how much you have changed the original. If you say that what you present was "inspired" by the similar work of such-and-so, that's usually going to be fine. There is no formula for how much of a change turns it into your work but I'd say if the difference is at least 25% you're okay.

A second point,however, may be even more in your favor, and that is the fact that you have made an effort to get permission but have received no response. I am assuming that by "no response" you meant exactly that--the widow didn't tell you no. Keep your records of your efforts to contact and get permission. Later, if there are problems, you can say you made a sincere effort and got no response. That actually has stood up in court in hundreds of cases.

These things rarely come to lawsuits or fines. Courts shun them and urge parties to settle amond themselves. The worst problem I ever had was with a poet who I tried to contact but even had the publisher tell me she was deceased. She was very much alive and wanted $1,000 for her poem. ($50 to $100 is the going rate.) I ended up paying her $500and taking it out of subsequent editions.

Hope this helps.
Hal Zina Bennett

Author: Rosemarie Skaine
Date:   04-13-01 09:43

Quotations can be taken from works (Fair Use), but I have forgotten exactly how much can be used under Fair Use. When an author uses more than permitted by Fair Use, written permission must be obtained. Editors and publishing houses are usually quite well versed on this kind of concern, and can and do advise a writer. It is my impression that an effort to get permission is not a permission, but I could be wrong. I have been told, too, that poetry poses the most problems. So, in general, it's best to be as conservative as possible. Rosemarie

Author: Hal Zina Bennett
Date:   04-13-01 18:39

Fair use is very tricky legally, and Authors Guild Guidelines warn being on the conservative side and get authors permission whenever possible. In legal cases that do come to trial, the person whose copyright is allegedly violated must prove harm to her or his work. Unless you are taking something and claiming it is your own and making a profit by someone else's work, and preventing them from making money from their own creation, the courts, I understand get pretty impatient and will ask you to settle outside.

I did not mean to imply that a non-response was permission. It's not. But if it ever came to be a problem, you would be able to show that you made an effort to get permission and did not get a response one way or the other. The legal consideration would then be clear that you did not use the property with the intent of robbing the other person of their due. If you are talking about a chart out of a book that inspired you to design one along the similar lines, the chances are that you would be covered under fair use. The fact that you clearly told the original source, etc., is also in your favor.

Poetry: Don't ever quote without permission. An extract from a poem--like taking a couple lines out for an epigram--is a no-no. Poets hate having their poems chopped up.

I'm not an attorney so all of the advice above is simply a reporting of the experiences of someone whose been in the publishing business a long time.

What the heck is this chart or table anyhow?
Hal

Author: Benjamin X. Wretlind
Date:   04-13-01 18:46

Since we're on the subject of copyrights and Fair Use, what do you do about the epigraph if your sole intent is to use it to set the tone of a work AND you state the source and author? For example, if I wanted to use lyrics as an epigraph, would I ask permission first from the owner of the copyright or would a stated source and author be sufficient to prove you weren't out to steal their work?

Benjamin X. Wretlind

Author: Hal Zina Bennett
Date:   04-13-01 22:42

Benjamin X, well, epigraphs, some experts say, should always have permissions, even though you might be quoting what might otherwise be defined as fair use. Lyrics from songs are a different matter, however. You have to go to the music world, ASCAP, and rights are EXPENSIVE as a rule. For an Eagles song about ten years ago I was quoted $1200. Prices vary tho.
Hal

Author: Margie Schweitzer
Date:   04-19-01 02:09

Where are you guys getting your legal advice? "Fair Use" isn't a license to use quotations from someone else's works at will. Further, the fair use doctrine merely provides loose guidelines--it's really a gray area as to what a court will say is fair use. It's best not to take the chance. There are 4 elements courts look at in determining whether a use is fair:

1) the purpose and character of the use, including
whether such use is of a commercial nature or is for
nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for
or value of the copyrighted work.

There's no way to say in advance whether a particular use will be deemed "fair" by a particular court.

And by the way, there is no "intent" necessary for copyright infringement. That is, the fact that someone didn't intend to infringe is no defense to the action. Nor would I say that courts "shun" copyright suits. I analyze intellectual property cases every week (in fact twice a week), many of them copyright cases, and provide summaries to all who are interested. I'm never at a loss for cases.

Author: W. S. Davis, Th.D
Date:   04-26-01 03:19

Thank you. leave it a lawyer type to cut through the bull. I have been in contact with the family, and have found that they have practically disowned her. Nonetheless, I am yanking the calendar, and have created my own, which I like better. Go figure.

Author: Eric Gilmartin
Date:   05-01-01 00:55

What if you use a few lines---let's say, 3 or 4---but attribute the author of those? Is that considered a fair use?