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The Steve Laube Agency

The Steve Laube Agency

Helping to Change the World Word by Word

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Home » Contracts

Contracts

The Landmine of Fair Use

By Steve Laubeon March 13, 2023
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A couple of weeks ago, I wrote on “The Cost of Permissions vs. Fair Use” which raised more questions. Therefore, I dug up a post I did on similar concerns. I replay it here to help you navigate these issues. Remember, I’m not an intellectual property attorney; I can only point to current best practices.

Steve,
What are the standard fair use rules for quotes of other published works? I used quotes in my book, and my understanding was that if it was less than 250 words then you don’t need permission. But a friend is self-publishing and is concerned about quotations fearing she might get sued.

Always err on the side of getting permission.

One major publisher we work with has the author get permission for any quotations from a single source that is more than 25 words, collected (aggregate) across all uses of that source in the book. So if one quote is 10 words and 100 pages later is a quote for 20 words, the author must get permission.

Another requires the author to obtain a written release from every person they interviewed and quoted in their nonfiction project–including family members like their spouse, parents, or friends.

For more information, read this excellent article by publishing attorney Kelly Way called “All’s Fair in Love and War–But Not in Copyright Law.”

A few years ago, a client wanted to extensively quote from one of his previous books (pretty much an entire chapter). But the previous book was published by a different publisher. His former publisher said that it would cost $3,000 to use his own words in the new publisher’s book–the licensing fee. No kidding. The former publisher was rightly concerned that the use of that material would suppress the future sales of the older title because key material would be found in the new book. So the author wrote the check and was able to quote his own words.

Another person asked:
In my book, I use two lines from a song about how when we are together it is heaven on earth to make a point about the role of love in evangelism, which might be considered repurposing the work for a new audience. I also use two lines from the theme song to Cheers to make a point about incarnational ministry and evangelism. It sounds to me like one or both of these could fall under “fair use.”

I would love to avoid paying licensing fees, as I am self-publishing on a shoestring budget; but I don’t want to get sued either. Can you give me some clarification on how to determine “fair use”?  

If you are quoting from song lyrics, any and all usage requires permission no matter the length. Back in 1995 Microsoft used the Rolling Stones line “start it up” with music in their campaign for Windows 95. Reportedly, the fee to use those three words was three million dollars. A million dollars per word!

I had a client who wanted to use the lyrics of a famous song in her novel. She wrote the artist who was thrilled to get the request. But then the singer revealed the dirty secret. The singer does not control the copyright to the songs they sing. The composer of the lyrics owns the song, and they likely have a publisher who manages the permissions. So my client had to write to the publisher, which took some doing to discover. Then, after waiting for six weeks, got a letter asking for more information. Then the client called me.

I suggested the author simply rewrite the scene and avoid using the lyrics entirely. Saying the name of the song was enough. (It was a very famous song.) And there is no penalty for naming the song title.

Always err on the side of caution. The last thing you want is a “cease and desist” letter or a lawsuit.

We have a page on our site for copyright resources if you want to research this further: https://stevelaube2.wpengine.com/resources/copyright-resources.

 

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Category: Book Business, Contracts, Copyright, Legal IssuesTag: Copyright, fair use

Book Industry Trends

By Steve Laubeon November 7, 2022
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Publishing is partly an exercise in guessing what might be the next surprise bestseller. Some of it is an educated guess based on certain trends we see in the industry and in society at large. Any exercise in naming these trends bears the risk of expressing the obvious or being out of date the moment they are stated. So bear with me as I tinker with some of the factors that are either influencing …

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Category: Book Business, Contracts, E-Books, Get Published, TrendsTag: book industry, Trends

L Is for Libel

By Steve Laubeon May 9, 2022
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by Steve Laube

 To libel someone is to injure a person’s reputation via the written word (slander is for the spoken word). I wrote recently about Indemnification but only touched on this topic. Let’s try to unpack it a little further today.

First, be aware that the laws that define defamation vary from state to state, however there are some commonly accepted guidelines. Anyone can claim …

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Category: Book Business, Contracts, Publishing A-ZTag: Libel, Publishing A-Z

I Is for Indemnification

By Steve Laubeon April 25, 2022
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by Steve Laube

Publishing is not without risks. Plagiarism, fraud, and libel by an author are real possibilities. Thus within a book contract is a legal clause called indemnification inserted to protect the publisher from your antics.

The indemnification clause, in essence, says that if someone sues your publisher because of your book, claiming something like libel (defamation) or …

Read moreI Is for Indemnification
Category: Book Business, Contracts, Copyright, Legal Issues, Publishing A-ZTag: Contracts, indemnification, lawsuit, warranty

D Is for Dispute Resolution

By Steve Laubeon February 21, 2022
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by Steve Laube

Pray that it never happens to you. But if there is a situation where you find yourself in a legal battle with your publisher regarding your book contract there are terms that will dictate how that disagreement is handled.

Here is one version from an old contract:
Any claim or dispute arising from or related to this Agreement shall be settled by mediation and, if …

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Category: Book Business, Contracts, Publishing A-ZTag: Book Business, Contracts, Disputes

C Is for Noncompete

By Steve Laubeon February 7, 2022
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by Steve Laube

Both Tamela and Karen wanted “C” to stand for coffee or chocolate since both seen to be must-haves for any writer. Instead I’m going to fudge a little (pun intended) and write about the “non-Compete” clause in your contract. This clause has become the latest playground for negotiations.

Here is a simple version of a non-compete clause:

The Author will not publish or …

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Category: Contracts, Publishing A-ZTag: book contracts, non-compete, Publishing A-Z

What to Do About Morals?

By Steve Laubeon November 8, 2021
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In a post written last weekend Richard Curtis, agent extraordinaire, expressed surprise at a new morality clause that has apparently appeared in HarperCollins' contracts. Read his post here [warning: there is some Adult content and comments included in the post].

What the general market doesn't realize is that many Faith-based publishers have had a "moral turpitude" clause in their contracts …

Read moreWhat to Do About Morals?
Category: Book Business, Contracts, Legal IssuesTag: Book Business, Contracts, Legal Issues

To Comma or Not to Comma?

By Steve Laubeon June 28, 2021
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by Steve Laube

I came across this entry in the Eats, Shoots & Leaves by Lynn Truss. The book is a classic on punctuation (although based on British English usage it is still a great book). Read the story below and then answer the questions in the comment section.
On his deathbed in April 1991, Graham Green corrected and signed a typed document which restricts access to his papers at …

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Category: Book Business, Contracts, Grammar, Language, SteveTag: commas, Grammar, Language, punctuation

What if You Get a Book Deal on Your Own and Then Want an Agent?

By Steve Laubeon October 12, 2020
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One of our readers asked this via the green “Ask us a question” button.
What happens if you get a book contract before you have an agent? What if, by some miracle, an editor sees your work and wants to publish it? (1) would having a publisher interested in my work make an agent much more likely to represent me, and (2) would it be appropriate to try to find an agent at that point (when a …

Read moreWhat if You Get a Book Deal on Your Own and Then Want an Agent?
Category: Agents, Book Business, Conferences, Contracts, Get Published, SteveTag: Agent, Conferences, Contracts, negotiations, publishers

Learn the Lingo

By Bob Hostetleron September 16, 2020
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The opening scene of the Meredith Wilson musical The Music Man begins on a train, as a bunch of salesmen debate the best sales techniques. One salesman, however, insists repeatedly, “You gotta know the territory.” That applies not only to selling “the noggins, and the piggins, and the firkins,” but also to writing for publication. So I asked a number of my writing friends and clients what …

Read moreLearn the Lingo
Category: Book Business, Contracts, The Publishing Life
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