Citing Letters You Don’t Own

Status
Not open for further replies.

Taylor Harbin

Power to the pen!
Super Member
Registered
Joined
Dec 8, 2013
Messages
3,078
Reaction score
1,499
Location
Arkansas
One of my new writing projects is going to focus on a person’s correspondence. Several letters that interest me are currently for sale on auction websites, but I can’t possibly afford them. I have emailed the owners of the sites asking about copyright permissions, but have yet to hear from them.

How else can can I legally cite the text if they never reply?
 

frimble3

Heckuva good sport
Super Member
Registered
Joined
Oct 7, 2006
Messages
11,686
Reaction score
6,592
Location
west coast, canada
I assume that the auction site is only a middleman, you'd probably have to contact the actual owner, either pre or post-auction. I think that there's also a matter of who has the rights to the contents of the letters, rather than just physical possession of them.
No idea as to how this actually works.
 

Taylor Harbin

Power to the pen!
Super Member
Registered
Joined
Dec 8, 2013
Messages
3,078
Reaction score
1,499
Location
Arkansas
I assume that the auction site is only a middleman, you'd probably have to contact the actual owner, either pre or post-auction. I think that there's also a matter of who has the rights to the contents of the letters, rather than just physical possession of them.
No idea as to how this actually works.

Based on my current research (shy of consulting an intellectual property lawyer) it seems that the writer owns the contents to reproducing a letter and would have to give permission. In the event someone is deceased, their heirs or perhaps only living kin would retain the rights. However, this is just for reproducing the entire letter and doesn’t appear to apply to limited quotes or summarizing the contents, so-called Fair Use.

Will need to dig into this more carefully.
 

cornflake

practical experience, FTW
Super Member
Registered
Joined
Jul 11, 2012
Messages
16,171
Reaction score
3,734
Based on my current research (shy of consulting an intellectual property lawyer) it seems that the writer owns the contents to reproducing a letter and would have to give permission. In the event someone is deceased, their heirs or perhaps only living kin would retain the rights. However, this is just for reproducing the entire letter and doesn’t appear to apply to limited quotes or summarizing the contents, so-called Fair Use.

Will need to dig into this more carefully.

Whoa -- that's NOT what fair use means or is. Fair use can only be decided by a court after the fact, to begin with. But IN GENERAL, it does not apply to things like you're describing. It GENERALLY covers things like limited types of educational use, parody and satire, or news.

There is no such thing as an acceptable length that evades copyright -- I've heard this before, that if you only use whatever, half a page, 15 lines, 15 words, it's fine. It's not. It is violating copyright, no matter the length. I've never heard it conflated with fair use, but regardless, they have nothing to do with one another and it doesn't sound like what you're doing would be determined to be fair use, though, again, only a court can determine that.
 

AW Admin

Administrator
Super Member
Registered
Joined
Apr 19, 2008
Messages
18,772
Reaction score
6,288
Letters like anything else are covered by copyright. You need permission from the rights holder, at the least.

Consult an IP attorney.
 
Status
Not open for further replies.