Quoting & Permissions

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Shambala

I've been doing a lot of research and transcribed portions of many many books. I'm working on writing a nonfiction book that brings together parts from all these different books and had some questions about publishing. And I'm wondering about this in terms of credit, royalties, standards, legality, and so on.

* Is there a limit to how much of my book can be quotes from other books?

What if my book is a series of quoted passages connected by a literary thread of my own writing that explains their place in the scheme of things?

* Is there a limit to what percentage of another book I can quote?

Say there was a short book and 60% of its 30 pages were scattered in quoted form throughout 2000 pages of text in my own book. Would that be acceptable? Where are the lines, and what are the implications for my book?

* When quoting other books, do they get a percentage of the royalties on my book sales? Does it depend on the amount quoted?

* Are there industry standards or guidelines for quoting and permissions that I can read somewhere?

* Do I need permission from the author or the publisher? Does it depend on who holds the copyright? What if the book is self-published?

* Is it common for authors/publishers to ask for money or royalties for quoting passages from their book?

* Should I go forward with my book under the assumption that I WILL get permission to quote these other books? Do writers/publishers usually get permission? Or is it a roll of the dice?

* Is it generally hard to get authors/publishers to respond to requests to quote their books in your own?

* If something is in the public domain but you've got it out of a book that published it before then, should one ask the author/publisher for permission?

* What about books that were first published in another language in, say, 1800, and then translated and republished in 2004? Is the translation public domain? Or is permission needed? And if so, from the translator or publisher of the translation?

* If I publish for education/research use, how much is quoting is permitted under "fair use" guidelines?

* What is considered an educational/research book? Does it have anything to do with whether it is carried in book stores and sold commercially?

* In regards to paraphrasing, what if the author is presenting something as fact which might not be widely regarded as fact, such as "The earth is made of jello." Can I write "James Strange states that the earth is made of jello" (and attribute it) without permission?
 

aka eraser

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Shambala, a lot of your questions are outside my area of expertise. (I was hoping Nomad and/or Jaws would take a crack at them. ;) )

I think you need to do some research on what constitutes "fair use" where you hope to publish.

I think I can say with some certainty though, that the example you cited of using 60% of any published piece would far exceed the boundaries of fair use. Probably using anything more than a couple of paragraphs without permission (but with attribution) would exceed it.

Good luck, and hopefully folks wiser than I will take a crack at this before long.
 

Shambala

Thanks for the reply AKA Eraser. I did some more research and it seems that since this is for commercial publication, fair use doesnt apply and I'll need permission on each quote I use.

Can anyone help with any of these questions?

Or direct me to someone that might be able to help?
 

Jaws

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There are only two places you should go for more information on fair use of this nature:
  • To learn more in general about the limits of fair use, try Richard Stim's book Getting Permission from Nolo Press (note: that's not a direct link because I understand that there may be a new edition out shortly). However, this book can only educate you on the process; it is not a substitute for
  • an attorney's advice (from one who does substantial copyright practice).
The short answer—the one that nobody wants to hear—is that "fair use" and permissions are fact-specific, and based on a four-part balancing test in § 107 of the Copyright Act. Even good attorneys will have legitimate, differing opinions on whether a particular instance constitutes fair use.
 

Shambala

Not Looking For Fair Use

I've studied up on the meaning of Fair Use under copyright law, and my usage of it definitely does NOT qualify. This is for a commercial publication, not comment, criticism, or parody.

Thanks for suggesting that book. It looks like it might answer some of my questions, but not all. The book seems to cover a broad range of things- music, art, photography, internet permissions.

If there's anyone out there with real-world experience who can help, please let me know about your experiences in this area.
 

TashaGoddard

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I work in educational publishing (in the UK). For a lot of subjects (e.g. English, Sociology, Psychology, etc. etc.), anthologies are published. Sometimes all these consist of are extracts from existing books/journal/etc. for teachers/students to use as they need. Sometimes they go alongside a textbook, teacher guide and other components (e.g. where in the textbook it may say 'Now read pages 22-25 of the anthology').

In order to publish these, any extracts not in the public domain (e.g. extracts from Dickens would be fine and freely publishable; extracts from JK Rowling would require permission and probably payment) have to be cleared with the publishers and/or copyright holders. Sometimes permission is given free, but usually there is a fee to be paid.

For the most part, the publishers of the anthology employ a freelance permissions person, to clear permission for the extracts. If an author has been involved in compiling the anthology (which is usually the case and the author is usually a teacher in that subject), the author will be required to provide copyright details for all the extracts (often, this involves a photocopy of the imprint page of the relevant book or journal), but is not required to actually clear the permissions him or herself.

I hope this is of some help. I would say that it probably all depends on what kind of book you are writing. There is pretty much no doubt that permission will need to be cleared for all the extracts you are using (unless they are in the public domain). However, what will differ is whose responsibility it is to clear the permissions. At the very least, you need to make sure you have all the copyright information for the books from which the extracts come and, preferably, contact details for the relevant publishers as well.

Good luck!
 
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