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Helping to Change the World…Word by Word

The Steve Laube Agency

The Steve Laube Agency

Helping to Change the World Word by Word

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Home » Writing Craft » Copyright

Copyright

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

Quote the Bible … Carefully

By Steve Laubeon September 26, 2022
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It is important to treat the use of quoting the Bible like you would in quoting any source material. Too frequently I run across an author who has not bothered to take that step. But they should. The Word of God is powerful and should not be taken for granted. There are many readers who admit to skipping over Bible verses when quoted in full. The thought is that they are already familiar with …

Read moreQuote the Bible … Carefully
Category: Copyright, Craft, Writing CraftTag: Bible citations, Bible quotations, copy edit, evernote, quotations

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

What about Credit for Ideas?

By Tamela Hancock Murrayon November 5, 2020
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The “Your Questions Answered” Series __________ If an author asks his or her Facebook followers or blog readers for help in brainstorming, does the author owe anything if he or she uses an idea presented in that way? I have seen some do it as a contest. They’ll ask for ideas for the book title or a character’s name, and if they use one, they’ll give that person a free, signed …

Read moreWhat about Credit for Ideas?
Category: Copyright, Creativity, Your Questions Answered Series

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

Checked Your Copyright Lately?

By Steve Laubeon September 17, 2018
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Have you checked your copyright lately? I mean, have you actually gone to the US Copyright Office web site and searched for your registration? You might be surprised at what you won't find. Here is the link to start your search.

Most publishing contracts have a clause that requires the publisher to register the copyright, in the name of the author, with the US Copyright Office. This is supposed …

Read moreChecked Your Copyright Lately?
Category: Book Business, Copyright, Legal Issues, Publishing A-ZTag: Book Business, Copyright, Legal Issues

When Does a Book Become Public Domain?

By Steve Laubeon October 2, 2017
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Writers frequently ask about whether they need permission to quote from another book. The answer is usually yes. But if the book is in the public domain that permission is unnecessary. I don't want to tackle the issue of "Fair Use" today, but instead provide a few links that you can use to find out if a book is in the public domain, or not.

First, use this form …

Read moreWhen Does a Book Become Public Domain?
Category: Copyright, Legal Issues, Writing CraftTag: Copyright, Legal Issues, public domain

Name Brands in Fiction

By Tamela Hancock Murrayon July 30, 2015
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So, you’re driving down the road, and you see a Ford F-350 with Monster wheels and an NRA bumper sticker. And you see a Toyota Prius with a Go Green bumper sticker. You know these are two different personalities driving the vehicles, right? You probably have formed an image already. I would guess you even think the driver of the truck is a male and the Toyota is a female. Or you might see a …

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Category: Copyright, Craft, Legal Issues, Writing CraftTag: Copyright, Craft, Legal, Writing Craft

Happy 85th Birthday Mickey Mouse!

By Steve Laubeon November 18, 2013
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by Steve Laube

 On this day in 1928 the film "Steamboat Willie" made its debut. The main cartoon character (almost named Mortimer!) was featured and Mickey Mouse was born.

You might ask, "So what? Other than fun trivia, what does this mean to me as a writer?" Actually the success of Mickey Mouse and the Disney empire cuts to the heart of today's copyright laws which affect you and your work. …

Read moreHappy 85th Birthday Mickey Mouse!
Category: Book Business, Copyright, Legal Issues, SteveTag: Book Business, Copyright, Legal
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