Inmate letters

TrixieBelden · May 6, 2011

I have hundreds of inmate letters. Do I own them or are they still property of the writer? What about those from deceased inmates?

Can I publish them?

Alessandra Kelley · May 6, 2011

Were they written to you? Not sure if that makes any difference.

TrixieBelden · May 6, 2011

Yes. All were written to me. I've been told conflicting things and cant seem to find a correct answer.

Uncarved · May 6, 2011

Have you consulted an attorney? That would be my first stop on something like that.

PinkAmy · May 7, 2011

tinasamuels said:
Have you consulted an attorney? That would be my first stop on something like that.

This.

I paraphrased two letters for my memoir, but kept the content.

lastlittlebird · May 7, 2011

Definitely talk to a lawyer, but I suspect a publisher would be hesitant to allow you to publish with consent from the letter writers.

My creative writing tutor recently told us a story about a friend of hers who published love letters that were sent to her by a married man in her supposedly fictional book.

Unfortunately, he kept copies of all the letters he sent her, and her publisher ended up having to destroy every advance copy of the book they sent out (my tutor knew this because she happened to have one of the copies and ended up having to give it back).

This was in NZ, and the book cast the man in a bad light, so the publisher might have been extra worried about legal action... I'm not sure it will apply to your situation, but it is something you'd want to thoroughly clear up before trying to get published.

PinkAmy · May 7, 2011

lastlittlebird said:
This was in NZ,

Well the USA is the sue-happy capitol of the world, so I'd be extra careful, LOL. I would imagine the writer's name was mud after that.

lastlittlebird · May 7, 2011

My tutor said they removed the letters and published anyway... she wouldn't tell us who it was, so it must have been a name we could recognize.
The publisher apparently asked the author several times if there was anything in there that could get them into trouble... it didn't occur to her that he would keep copies of all the letters, or that he would say anything, since he was married.

frimble3 · May 7, 2011

lastlittlebird said:
It didn't occur to her that he would keep copies of all the letters, or that he would say anything, since he was married.

It wouldn't have occured to me, either. Why on earth would a married man keep love letters to another woman - unless he was looking for trouble?

TrixieBelden · May 7, 2011

I know it can be done, just not sure of how. There are published inmate letters in Jennifer Furios's books like The Serial Killer Letters and a few more.
I have some that were written by inmates who have been executed. So I know I couldnt get their permission.

MMConway · May 7, 2011

I think you need the inmates written consent.

lastlittlebird · May 7, 2011

I think in the case of people who are deceased, you may need consent of the family.

Silver King · May 7, 2011

TrixieBelden said:
I have hundreds of inmate letters. Do I own them (No) or are they still property of the writer?(Yes) What about those from deceased inmates? (You would need permission from the letter writers' heirs or estate.)

Can I publish them? (Yes, but only after you've received permission and/or paid for the right(s) to publish the letters.)

I'd offer links that might be useful, but this information is freely available and would take less time to research than it did to start this thread and check back for answers.

TrixieBelden · May 8, 2011

I've read several conflicting things, especially concerning the deceased inmates. Several of them have no existing family and their bodies were incinerated at the states expense.

poetinahat · May 8, 2011

A similar question came up here years ago - where someone came by a second-hand computer hard drive that hadn't been wiped, and stumbled upon love letters of the previous owner. I'll have a look for that thread - tomorrow (it's past my bedtime). It may or may not be relevant.

PinkAmy · May 8, 2011

TrixieBelden said:
I know it can be done, just not sure of how. There are published inmate letters in Jennifer Furios's books like The Serial Killer Letters and a few more.
I have some that were written by inmates who have been executed. So I know I couldnt get their permission.

She may have gotten their permission before they were executed, or gotten the permission of the executor of their estate.

Silver King · May 8, 2011

Has anything changed, Trixie, since you made this statement a while back?

My book- Woman condemned: Conversations From Death Row, is almost entirely letters. I have had to get a release from each one.

Since you had to get a release for the letters in that book, what makes your current project any different from a copyright perspective?

I'm curious, as it appears that you already know the answer to your original questions in this thread, yet you're asking for advice anyway.

Whatever the reason, and as others have mentioned here, your best bet is to contact an attorney who is well versed in copyright matters and can advise you on how best to proceed.

TrixieBelden · May 9, 2011

Yes, I have changed the way I intend to present the letters. Also, some of the inmates are now dead. Also, since the original release was obtained so many years ago and the premise of the book has changed I wonder if the written consent is still needed.

This thread seems to be bothering you. Please accept my apologies for annoying you and do not feel as if you have to contribute to it. Thanks for your comments.

veinglory · May 9, 2011

As best as I can understand based on the US copyright office website, copyright of a letter belongs to the writer rather than the recipient. It counts about the same as an unpublished manuscript.

Silver King · May 9, 2011

TrixieBelden said:
...This thread seems to be bothering you. Please accept my apologies for annoying you and do not feel as if you have to contribute to it.

I'm not annoyed but rather trying to figure out why, when you've received solid advice for these same questions in the past, you'd start a new thread asking the same things? It's not like copyright laws have suddenly changed and authors are no longer required to seek the permission of letter writers to include those missives in their works.

You've been told that repeatedly yet claim that you've received "conflicting" advice.

Anyway, good luck with your book. And remember that some us here have tried to help you, even though what we've said isn't quite what you want to hear.

BenPanced · May 9, 2011

veinglory said:
As best as I can understand based on the US copyright office website, copyright of a letter belongs to the writer rather than the recipient. It counts about the same as an unpublished manuscript.

About the only instances I know of where this changes are when you send a newspaper or a magazine a letter to the editor; many times, if not always, the publication will state the letter becomes their property, regardless if they use it or not.

PinkAmy · May 10, 2011

Silver King said:
And remember that some us here have tried to help you, even though what we've said isn't quite what you want to hear.

Unfortunately she's not the only one who does this-- let's keep asking the question until we like the answer

.

To the OP, you really should seek legal advice about this. It'd be worth the financial investment not to waste your time, if you can't get copyright permission. Publishers will not want to fork out money for glaring copyright infringement. IMHO- if I was making the laws, you'd have permission to use letters sent to you. If the person didn't want them publish, they shouldn't have sent them. Of course, I'm not a legislator.

veinglory · May 10, 2011

PinkAmy said:
Unfortunately she's not the only one who does this-- let's keep asking the question until we like the answer .

Please do not attribute speculative motives to OP, I would not count that as 'respectful'.

Butterbean · May 10, 2011

PinkAmy said:
Unfortunately she's not the only one who does this-- let's keep asking the question until we like the answer .

To the OP, you really should seek legal advice about this. It'd be worth the financial investment not to waste your time, if you can't get copyright permission. Publishers will not want to fork out money for glaring copyright infringement. IMHO- if I was making the laws, you'd have permission to use letters sent to you. If the person didn't want them publish, they shouldn't have sent them. Of course, I'm not a legislator.

veinglory said:
Please do not attribute speculative motives to OP, I would not count that as 'respectful'.

Is the OP in these two posts the same OP or is one the Original Poster and the other Other People?

I'm confused? :Shrug:

veinglory · May 10, 2011

Butterbean said:
Is the OP in these two posts the same OP or is one the Original Poster and the other Other People?

It works either way.

Inmate letters

Sophipygian

I aim to misbehave

New kid, be gentle!

avem narrans

New kid, be gentle!

avem narrans

Heckuva good sport

avem narrans

Megalops Erectus

Numbers are beautiful

New kid, be gentle!

Megalops Erectus

volitare nequeo

Megalops Erectus

THE BLUEBERRY QUEEN OF HADES (he/him)

New kid, be gentle!

volitare nequeo

This boy just ain't right

volitare nequeo