Questions RE citations, prior permission and compensation - Writers Forum

sml9191 · 11-12-2006, 02:48 PM

As I previously mentioned in the Introduce Yourself section, before my current project, I had never written anything for publication before. I have a couple of questions…ok, ok, maybe more than a couple…that I would like to pose to the group. Any help would be greatly appreciated.

My questions concern the use of copyrighted material. I know that the use of all such material must be cited. This is the legal and, more importantly, moral/ethical thing to do. Is there a point, however, beyond which you must obtain written permission before quoting someone else’s work? For example, two sentences would not require prior permission, but three sentences would? If the work were not directly quoted, but instead paraphrased, would permission still be required (I know that proper citation would still be necessary)?

When permission is required, is it typical for the copyright holder to require monetary compensation? If yes, is there a “standard” amount?

Your answers to these questions will affect the way I write the book. So, as I said before, your help is greatly appreciated.

Steve

Mike C · 11-12-2006, 03:53 PM

The answers to all your questions is "It depends."

Avoid all use of copyrighted material, if possible. And if not possible, write something else. You'll save yourself, your agent and publisher time and money. Some will reject work that includes copyright material unread, on principle. Agents/publishers don't need the hassle. There'll be another dozen manuscripts just as good on the doorstep tomorrow morning.

sml9191 · 11-12-2006, 05:25 PM

Quote:

Originally Posted by Mike C

You'll save yourself, your agent and publisher time and money. Some will reject work that includes copyright material unread, on principle. Agents/publishers don't need the hassle.

Thanks for the reply, Mike. Could you elaborate a little more on the time, money and hassles?

The book that I am writing is non-fiction and partly scientific in nature. Since I am not an expert in the field in particular, I must be able to quote or refer to those that are experts. Otherwise, the credibility of my conclusions will suffer.

Steve

Literati · 11-12-2006, 10:35 PM

Check out the below link from the Stanford University. There is not a set-in-stone amount where "fair use" becomes a copyright infringement. There are a number of factors to consider. However, if you are citing a few sentences here and there from a published work to support an argument, you should be okay. A serious scientific book will quote dozens of other books, journals, and other published research.

If you follow the rules of fair use, you won't need to worry about asking permission or paying anyone.

http://fairuse.stanford.edu/Copyrigh...pter9/9-b.html

Mike C · 11-13-2006, 01:44 AM

Ah, you didn't make clear it was non-fiction. Above post covers it all.

sml9191 · 11-13-2006, 08:26 AM

Mike, sorry about not being clearer in my original post. Thanks to you and Literati for your help.

Mike C · 11-13-2006, 10:36 AM

No problem. My wife is writing the thesis for her doctorate at the moment - lots and lots of quotes!

mammamaia · 11-13-2006, 10:51 AM

Quote:

Is there a point, however, beyond which you must obtain written permission before quoting someone else’s work? For example, two sentences would not require prior permission, but three sentences would?

the fine print is spelled out here: www.copyright.gov

Quote:

If the work were not directly quoted, but instead paraphrased, would permission still be required (I know that proper citation would still be necessary)?

...paraphrasing info from other sources you've researched doesn't usually require citation unless you're paraphrasing an opinion/conclusion held only by one person... if it did, no one writing a researched non-fiction book would be able to write anything w/o multiple citations for every single thing they say...

Quote:

When permission is required, is it typical for the copyright holder to require monetary compensation? If yes, is there a “standard” amount?

wouldn't say it's 'typical' but it is certainly done in some cases... and no, there's no standard amount... could be anywhere from a hundred bucks to thousands...

the best place to get answers to all questions like this is at the loc site linked above... if after checking all the info there, you still aren't sure, it's better to consult a literary attorney, than to ask folks who can't give you valid legal advice [like all of us!

], no matter how willing they are to help...

love and hugs, maia

[sorry about the huge print, but i don't have time to reset all the sizes, since the op used larger than usual pt size]

sml9191 · 11-13-2006, 02:50 PM

Thanks, Maia. You've added some additional insight that is very helpful.

Steve