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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 » Legal Issues

Legal Issues

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

The Cost of Permissions vs. Fair Use

By Steve Laubeon February 27, 2023
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Every book contract has a clause that reads something along these lines: If permission from others is required for publication of any material contained in the Work or for exercise of any of the rights conferred by this Agreement, Author shall obtain such permissions at Author’s expense, in a form acceptable to Publisher, and shall deliver such permissions to the Publisher as part of the complete …

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

Deadlines and Taxes

By Steve Laubeon May 23, 2022
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Two certainties in the life of a writer. Deadlines and Taxes. You know what a deadline is. It has the word “dead” in it for a reason. And intrinsic to the reality of taxes is the April 15 income-tax filing deadline for those living in the United States. But what about those taxes? Many articles appear every Spring about taxes when approaching the filing date. But I thought we should explore a …

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Category: Book Business, Legal Issues, Writing CraftTag: Book Business, Contracts, taxes, Writing Craft

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 …

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Category: Book Business, Contracts, Copyright, Legal Issues, Publishing A-ZTag: Contracts, indemnification, lawsuit, warranty

A Is for Agent

By Steve Laubeon March 14, 2022
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by Steve Laube

I thought it might be fun to write a series that addresses some of the basic terms that define our industry. The perfect place to start, of course, is the letter "A." And even better to start with the word "Agent."

If you are a writer, you've got it easy. When you say you are a writer your audience lights up because they know what that means. (Their perception is that you …

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Category: Agents, Book Business, Book Business, Career, Creativity, E-Books, Legal Issues, Publishing A-Z, Writing CraftTag: Agent, Book Business, publishing

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 …

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Category: Book Business, Contracts, Legal IssuesTag: Book Business, Contracts, Legal Issues

May I Use Real Names of Places in My Novel?

By Tamela Hancock Murrayon September 24, 2020
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The “Your Questions Answered” Series __________ I am wondering about whether or not to use real names of places in my novel. Is it better to disguise names of towns and cafes or offices? What about popular franchises like MacDonald’s? When authors write about a town, most inhabitants are thrilled. I wrote Love Finds You in Maiden, North Carolina, and received a warm reception. I enjoyed …

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Category: Copyright, Craft, Legal Issues, The Writing Life, Your Questions Answered Series

Using Someone Else’s Words (What Is Fair Use?)

By Bob Hostetleron April 24, 2019
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One of the ways in which writing for publication has changed over the years involves the use of someone else’s words in something you write. Once upon a time, what constituted fair use of copyrighted material was pretty straightforward, comprising three basic factors: The length of what you use The length of what you use it in The character of what you use it in Each is relative to the other. So, …

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Category: Legal IssuesTag: Copyright, fair use

Does Your Company or Church Need an Intellectual Property Policy?

By Bob Hostetleron March 6, 2019
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Suppose you’re a pastor on staff at a church. Or a reporter for your hometown newspaper. Or you’re employed by a Christian ministry. Or volunteer at a neighborhood agency. And suppose you spend time writing stuff for your church, employer, ministry, or agency. When you do, who owns what you write? Maybe you’ve never had to ask that question; but if you’re a writer, maybe you should. If you and …

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Category: Legal Issues

The Quest for Originality

By Steve Laubeon January 14, 2019
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Are you tired of being told by a publisher “We simply don’t do books like that”? or “Yours is certainly out of the box, but is not what we are looking for at this time”? What’s the Deal with Boxes? In general all books are sold under a category. Be it a fiction genre (historical, suspense, romance) or a topical non-fiction category (marriage, parenting, finance, theology). When you are told your …

Read moreThe Quest for Originality
Category: Book Business, Creativity, Genre, Legal Issues, The Publishing Life, The Writing Life
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