A Writer’s Guide to Fair Use and Permissions + Sample Permissions Letter

Andrea Costa Photography / Flickr

Note from Jane: This is simply a cornerstone station of my site, regularly updated.

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Whenever you determine to straight quote, excerpt, aliases reproduce personification else’s activity successful your own—whether that’s a book, blog, mag article, aliases thing else—you person to consider, for each use, whether aliases not it’s basal to activity explicit, ineligible support from nan work’s creator aliases owner.

Unfortunately, quoting aliases excerpting personification else’s activity falls into 1 of nan grayest areas of copyright law. There is nary legal norm stipulating what amount is OK to usage without seeking support from nan proprietor aliases creator of nan material. Major ineligible battles person been fought complete this question, but location is still nary black-and-white rule.

However, astir apt nan biggest “rule” that you’ll find—if you’re searching online aliases asking around—is: “Ask definitive support for everything beyond X.”

What constitutes “X” depends connected whom you ask. Some group opportunity 300 words. Some opportunity 1 line. Some opportunity 10% of nan connection count.

But immoderate rules you find are based connected a wide organization line aliases a person’s experience, arsenic good arsenic their wide comfortableness level pinch nan consequence progressive successful straight quoting and excerpting work. That’s why opinions and guidelines alteration truthful much. Furthermore, each and each lawsuit of quoting/excerpting nan aforesaid activity whitethorn person a different reply arsenic to whether you request permission.

So location is nary 1 norm you tin apply, only principles. So I dream to supply immoderate clarity connected those principles in this post.

When do you NOT request to activity permission?

You do not request to activity support for activity that’s successful the public domain. This isn’t ever a elemental matter to determine, but arsenic of Jan. 1, 2020, it includes immoderate activity published earlier 1926. (As of Jan. 1, 2022, it will see immoderate activity published earlier 1927. And truthful on.)

Some useful published aft 1926 are besides successful nan nationalist domain. Read this guideline from Stanford astir really to find if a activity is successful nan nationalist domain.

You besides do not request to activity support erstwhile you’re simply mentioning nan title aliases writer of a work. It’s for illustration citing a fact. Any clip you authorities unadorned facts—like a database of nan 50 states successful nan United States—you are not infringing connected anyone’s copyright.

It’s besides good to nexus to thing online from your website, blog, aliases publication. Linking does not require permission.

Finally, if your usage falls wrong “fair use,” you do not request permission. This is wherever we participate nan trickiest area of each erstwhile it comes to permissions.

What constitutes “fair use” and frankincense doesn’t require permission?

There are 4 criteria for determining adjacent use, which sounds tidy, but it’s not. These criteria are vague and unfastened to interpretation. Ultimately, erstwhile disagreement arises complete what constitutes adjacent use, it’s up to nan courts to make a decision.

The 4 criteria are:

1. The intent and characteristic of nan use. For example, a favoritism is often made between commercial and not-for-profit/educational use. If nan intent of your activity is commercialized (to make money), that doesn’t mean you’re abruptly successful usurpation of adjacent use. But it makes your lawsuit little sympathetic if you’re borrowing a batch of personification else’s activity to prop up your ain commercialized venture.
2. The quality of nan copyrighted work. Facts cannot beryllium copyrighted. More imaginative aliases imaginative useful mostly get nan strongest protection.
3. The magnitude and substantiality of nan information utilized successful narration to nan full quoted work. The rule does not connection immoderate percent aliases connection count present that we tin spell by. That’s because if nan information quoted is considered nan astir valuable portion of nan work, you whitethorn beryllium violating adjacent use. That said, astir publishers’ guidelines for authors connection a norm of thumb; astatine nan patient I worked at, that line was 200-300 words from a book-length work.
4. The effect of nan usage connected nan imaginable marketplace for aliases worth of nan quoted work. If your usage of nan original activity affects the likelihood that group will bargain nan original work, you tin beryllium in violation of adjacent use. That is: If you quote nan worldly extensively, aliases successful a way that nan original root would nary longer beryllium required, then you’re perchance affecting nan marketplace for nan quoted work. (Don’t confuse this criteria pinch nan intent of reviews aliases criticism. If a antagonistic review would dissuade group from buying nan source, this is not related to nan adjacent usage chat successful this post.)

To further research what these 4 criteria mean successful practice, beryllium judge to publication this fantabulous article by lawyer Howard Zaharoff that primitively appeared successful Writer’s Digest magazine:  “A Writers’ Guide to Fair Use.”

In practice, if you’re only quoting a fewer lines from a full-length book, you are astir apt wrong adjacent usage guidelines, and do not request to activity permission. But to emphasize: each lawsuit is different. Also, overmuch depends connected your consequence tolerance. To destruct each imaginable risk, past it’s champion to either inquire for support aliases destruct usage of nan copyrighted worldly successful your ain work. Here’s a flowchart that tin thief you measure what you mightiness request to inquire support for.

Three important caveats astir this chart

• Nothing tin extremity personification from suing you if you usage their copyrighted activity successful your published work.
• The only measurement your usage of copyright is tested is by measurement of a lawsuit. That is, location is nary wide policing of copyright. Therefore, really you grip copyrighted contented depends connected really consequence averse you are. If you determine not to activity support because you scheme to usage a adjacent usage argument, beryllium prepared pinch nan best-possible lawsuit to take sides your usage of nan copyrighted contented successful nan arena that you are sued.
• If you intend to nutrient worldly that is accessible worldwide and successful integer shape (such arsenic contented connected nan internet, ebooks, etc), and if you are using contented considered successful nan nationalist domain successful nan United States, you should double-check whether nan contented is besides successful nan nationalist domain successful different countries. You tin study much astir this rumor successful The Public Domain by Stephen Fishman.

If you’re concerned astir your risk, you tin besides hunt for nan authorities owner’s sanction and nan keyword “lawsuit” aliases “copyright” to spot if they’ve tried to writer anyone. However, conscionable because personification hasn’t sued yet doesn’t mean they won’t writer you.

If you activity permission, you request to place nan authorities holder

Once you’ve decided to activity permission, nan adjacent task, and 1 of nan astir difficult, is identifying who presently holds nan copyright aliases licensing to nan work. It will not ever beryllium clear who nan copyright holder is, aliases if nan activity is moreover nether copyright. Here are your starting points.

• First, verify nan existent root of nan text. Sometimes writers usage quotes from Goodreads aliases different online sources without verifying nan accuracy of those quotes. (As personification who is misattributed connected Goodreads, I tin confirm: group are misattributed all nan time.) If you don’t cognize nan source, and you don’t cognize nan magnitude of nan root work, and you don’t cognize if what you are quoting is nan “heart” of nan work, past you are putting yourself astatine consequence of infringement.
• If you’re seeking support to quote from a book, look connected nan copyright page for nan authorities holder; it’s usually nan author. However, assuming nan book is presently successful people and connected sale, usually you interaction nan patient for permission. You tin besides effort contacting nan writer aliases nan author’s literate supplier aliases estate. (Generally, it’s champion to spell to whomever seems nan astir accessible and responsive.)
• If nan book is retired of people (sometimes you tin show because editions are only disposable for waste from 3rd parties connected Amazon), aliases if nan patient is retired of business aliases different unreachable, you should effort to interaction nan author, assuming they are listed arsenic nan authorities holder connected nan copyright page.
• You tin besides cheque authorities records. Most published books, arsenic good arsenic different materials, person been officially registered pinch nan US Copyright Office. Here is an fantabulous guideline from Stanford connected really to hunt nan authorities records.
• For photograph aliases image permissions: Where does nan photograph appear? If it’s successful a newspaper, magazine, aliases an online publication, you should activity support from nan publication if nan photograph is taken by 1 of their unit photographers aliases different created by staff. If you’ve recovered nan photograph online, you request to fig retired wherever it originated from and/or who it’s primitively credited to. (Try utilizing Google Image Search.) When successful doubt, activity support from nan photographer, keeping successful mind that galore photographers activity done large-scale agencies specified arsenic Getty for licensing and permissions. Photo permissions tin get analyzable quickly if they characteristic models (you whitethorn request a exemplary merchandise successful summation to permission) aliases trademarked products. Here is an excellent, in-depth guideline if you request it: Can I Use That Image?

Generally, you aliases your patient will want nonexclusive world rights to nan quoted material. “Nonexclusive” intends you’re not preventing nan copyright proprietor from doing immoderate they want pinch nan original material; “world rights” intends you person nan expertise to administer and waste your ain work, pinch nan quoted material, anyplace successful nan world, which is almost ever a necessity fixed nan integer world we unrecorded in.

Also, support is mostly granted for a circumstantial people tally aliases play of time. For example, if you activity support for a 5,000-copy people run, you’ll request to unafraid support a 2nd clip if you spell backmost to press. (And if you people a 2nd edition, you’ll request to activity support again.)

A imaginable solution for immoderate authors: PLSclear

PLSclear, a UK firm, tin thief unafraid permissions. It is simply a free service; present is the database of publishers that participate.

If you’re nether statement pinch a publisher

Just astir each accepted patient provides their authors pinch a permissions shape to usage for their task (be judge to inquire if you haven’t received one!), but if you’re a self-publishing author, aliases you’re moving pinch a caller aliases inexperienced house, you whitethorn request to create your own.

To thief you get started, I’ve created a sample permissions missive you tin customize; it will beryllium particularly adjuvant if you’re contacting authors aliases individuals for permission. It will beryllium little basal if you’re contacting publishers, who often person their ain shape that you request to motion aliases complete.

To petition support from a publisher, sojourn their website and look for nan Permissions aliases Rights department. Here are links to nan New York publishers’ authorities departments, pinch instructions connected really to petition permission.

• Harpercollins permissions information
• Penguin Random House permissions portal
• Macmillan permissions
• Simon & Schuster permissions
• Hachette permissions

Will you beryllium charged for permission?

It’s difficult to say, but erstwhile I worked astatine a mid-size publisher, we advised authors to beryllium prepared to pay $1,000–$3,000 for each basal permissions fees if they were quoting regularly and astatine length. (Publishers don’t screen permissions fees for authors, isolated from successful typical cases.) If you’re seeking support for usage that is nonprofit aliases acquisition successful nature, nan fees whitethorn beryllium little aliases waived.

What if you don’t get a consequence aliases nan conditions are unreasonable?

That’s unfortunate, but location is small you tin do. If you can’t hold to perceive back, aliases if you can’t spend nan fees, you should not usage nan activity successful your own. However, location is thing known arsenic a “good religion search” option. If you’ve gone supra and beyond successful your efforts to activity permission, but cannot find nan copyright holder, scope nan copyright holder, aliases get a consequence from a copyright holder (and you person documented it), this will beryllium weighed arsenic portion of nan punishment for infringement. This is not protection, however, from being sued aliases being recovered blameworthy of infringement.

How to debar nan necessity of seeking permission

The champion measurement to debar seeking support is to not quote aliases excerpt different person’s copyrighted work. Some judge that paraphrasing aliases summarizing nan original—rather than quoting it—can get you disconnected nan hook, and successful immoderate cases, this whitethorn beryllium acceptable. Ideas are not protected by copyright, but nan look of those ideas is protected. So, putting thing successful your ain words aliases paraphrasing is usually okay, arsenic agelong arsenic it’s not excessively adjacent to nan measurement nan original thought was expressed.

You tin besides effort to restrict yourself to utilizing activity that is licensed and disposable nether Creative Commons—which does not require you to activity support if your usage abides by definite guidelines. Learn much astir Creative Commons.

What astir seeking support to usage activity from websites, blogs, aliases successful different integer mediums?

The aforesaid rules use to activity published online arsenic successful much general contexts, specified arsenic people books aliases magazines, but attitudes thin to beryllium much lax connected nan Internet. When bloggers (or others) aggregate, repurpose, aliases different excerpt copyrighted work, they typically position specified usage arsenic “sharing” aliases “publicity” for nan original writer alternatively than arsenic a copyright violation, particularly if it’s for noncommercial aliases acquisition purposes. I’m not talking astir wholesale piracy here, but astir extended excerpting aliases aggregating that would not beryllium considered OK otherwise. In short, it’s a arguable issue.

Does adjacent usage and permissions use to images, art, aliases different types of media?

The aforesaid rules use to each types of work, whether written aliases visual.

Typically, you person to salary licensing aliases royalty fees for immoderate photos aliases artwork you want to usage successful your ain work. If you can’t find aliases interaction nan authorities holder for an image, and it’s not successful nan nationalist domain, past you cannot usage it successful your ain work. You request definitive permission.

However, much and much images are being issued by authorities holders nether Creative Commons alternatively than accepted copyright. To hunt for specified images, you tin look nether nan “Creative Commons” class astatine Flickr aliases VisualHunt.

Note: If you find “rights-free images,” that doesn’t mean they are free to use. It simply intends they are usually cheaper to salary for and wide little of a hassle.

No support is needed to mention opus titles, movie titles, names, etc.

You do not request support to see opus titles, movie titles, TV show titles—any benignant of title—in your work. You tin besides see nan names of places, things, events, and group successful your activity without asking permission. These are facts.

But: beryllium very observant erstwhile quoting opus lyrics and poetry

Because songs and poems are truthful short, it’s vulnerable to usage moreover 1 statement without asking for permission, moreover if you deliberation nan usage could beryllium considered fair. However, it’s still good to usage opus titles, poem titles, creator names, set names, movie titles, etc.

If you want to consult pinch personification connected permissions

I urge my colleagues astatine Copy Write Consultants, who person acquisition successful permissions and due usage of citations.

For much help

• 12 Copyright Half-Truths by Lloyd Jassin astatine CopyLaw—addresses mistaken beliefs commonly held by authors; Jassin’s full blog is very useful and worthy reading
• Citizen Media Law: Works Not Covered By Copyright
• Is It Fair Use? 7 Questions to Ask Before You Use Copyrighted Material by lawyer Brad Frazer
• Copyright Office FAQ: very helpful—addresses recipes, titles, ideas, names, and more
• Very adjuvant question and reply pinch Paul Rapp, an intelligence spot authorities expert, complete astatine Huffington Post. Discusses opus lyrics, mentioning celebrated people, what constitutes adjacent use, and overmuch more.
• Are You Worried Your Work aliases Ideas Will Be Stolen?

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Sample Permissions Letter