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01/10/2007 11:23:14 PM · #1 |
I am writing a book on Sex and Love, in which I have used some quotes from the books The Sensuous Man by "M" and The Sensuous Woman by "J", both books a copyright of Lyle Stuart Inc.
I have heard that one doesnot need permission from the author/publisher, if the quotes do not exceed 300 words.
What do the Copyright provisions say?
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01/10/2007 11:34:15 PM · #2 |
When addressing legal issues, you would be better served if you sought the advise of a lawyer.
Ray |
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01/11/2007 12:04:07 AM · #3 |
There is no hard and fast rule or guideline when it comes to quoting previously-copyrighted material. One 300-word exerpt may be legal, while another 30-word exerpt is not ...
If you are writing/publishing a whole book you probably should consult an attorney, at least on this issue.
But, before you consult a lawyer, educate yourself some more, so you'll know what the lawyer is supposed to do (and how much you should be paying!). Your two best resources:
US Copyright Office: all the regulations and forms are available for download as Acrobat files
Nolo Press: publisher of legal books for the lay person; they have titles covering copyright and IP law, as well as starting/running a business. |
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01/11/2007 01:28:47 AM · #4 |
Also remember that since you are in India, you are bound by Indian copyright law, whic h is different than US copyright law. In particular, Indian law probably does not have a 'fair use' provision, but may have a 'fair dealing' provision which is different and generally more restrictive.
Most likely, though, if you are using this in a book you plan to sell, then you probably need permission.
~Terry
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01/11/2007 01:35:11 AM · #5 |
i'd also like to add that it would be common courtesy to inform the author that you're quoting his works in your book. in that case they may give you written permission or a 'waiver' extending the right to quote such material in your book without needing copyright or payment of royalties.
you should inform the author of your intention and possibly provide sample chapters where their work has been quoted. it's common courtesy and it may also be enough to get their approval.
but the advice on seeing a lawyer is good. that should be your second move (after contacting the author's agent).
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01/11/2007 01:39:42 AM · #6 |
Originally posted by GeneralE:
There is no hard and fast rule or guideline when it comes to quoting previously-copyrighted material. One 300-word exerpt may be legal, while another 30-word exerpt is not ...
If you are writing/publishing a whole book you probably should consult an attorney, at least on this issue.
But, before you consult a lawyer, educate yourself some more, so you'll know what the lawyer is supposed to do (and how much you should be paying!). Your two best resources:
US Copyright Office: all the regulations and forms are available for download as Acrobat files
Nolo Press: publisher of legal books for the lay person; they have titles covering copyright and IP law, as well as starting/running a business. |
Thanks a lot. This was a very helpful link.
Certainly, I need permission from the copyright holder, i.e. Lyle Stuart Inc. in this case.
Can someone tell me the link to their website? |
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01/11/2007 05:10:02 AM · #7 |
Originally posted by kbhatia1967:
Originally posted by GeneralE:
There is no hard and fast rule or guideline when it comes to quoting previously-copyrighted material. One 300-word exerpt may be legal, while another 30-word exerpt is not ...
If you are writing/publishing a whole book you probably should consult an attorney, at least on this issue.
But, before you consult a lawyer, educate yourself some more, so you'll know what the lawyer is supposed to do (and how much you should be paying!). Your two best resources:
US Copyright Office: all the regulations and forms are available for download as Acrobat files
Nolo Press: publisher of legal books for the lay person; they have titles covering copyright and IP law, as well as starting/running a business. |
Thanks a lot. This was a very helpful link.
Certainly, I need permission from the copyright holder, i.e. Lyle Stuart Inc. in this case.
Can someone tell me the link to their website? |
Krishan,
I cannot help you with the website, but might be able to help a little with the copyright position. I do not practice Indian law, but India is party to the usual copyright conventions. A more useful resource than the US site referred to might be the Indian copyright office. Their handbook will probably answer most of your questions.
//copyright.gov.in/
Whether you can reproduce the work will depend on how you are using it. The exemptions applicable in India are:
for the purpose of research or private study,
for criticism or review,
for reporting current events,
in connection with judicial proceeding,
performance by an amateur club or society if the performance is given to a non-paying audience, and
the making of sound recordings of literary, dramatic or musical works under certain conditions.
If your use comes within one of those categories, you may reproduce a proportion of the work that is reasonable. There are some guidelines in the UK (eg for private study, libraries tend to allow one chapter of a book), but for a commercial work, you should only use what you need to use for the purpose of the exemption. A useful measure of thumb might be whether you are showcasing the other author's work (which might be considered commercial profiteering and in breach) or reproducing it solely for the purpose of explaining your contrary/complimentary position.
I will give three examples.
1. A one line or one paragraph quote from another author's book in the context of a criticism of that author's position would usually be fine.
2. Reproducing a one paragraph poem by another author would be very hard to justify under any of the exceptions (although perhaps justifiable under the reporting exception if it became newsworthy).
3. Reproducing a chapter of another author's book in a collection of essays would usually be in clear breach.
As has been suggested, the safest course would be to contact the author (perhaps through his publisher?) and obtain permission. Don't necessarily be put off by a refusal (eg if you are criticising his work), but you may wish to confirm with a lawyer that your use of his work is appropriate. Also, be careful not to contravene any other law (libel, or breach of the author's moral rights by changing any part of a quote or misattributing it).
I hope that this is helpful.
Message edited by author 2007-01-11 05:11:06.
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01/11/2007 07:42:18 AM · #8 |
I can't believe it! Someone devoting so much time and energy over my petty concern. This is immensely helpful.
My book will contain about 20 chapters, and each chapter will open with an interesting quote from the above mentioned books, containing about 100-200 words.
My work is intended to be for sale, thus generating profit. Therefore, it is clear that I will need permission of author/publisher (Lyle Stuart Inc. in this case).
But, I do not any contact/email address of the publisher/author.
Can someone help? |
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01/11/2007 08:07:19 AM · #9 |
| Since Lyle Stuart is now dead, you may have some trouble running down the publishing company that was "his". |
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01/11/2007 08:40:52 AM · #10 |
Originally posted by nards656:
Since Lyle Stuart is now dead, you may have some trouble running down the publishing company that was "his". |
Yes, I know. And he sold his publishing company sometimes ago. But such a famous company must be having a website. I am not able to find out. Please help. |
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01/11/2007 08:55:39 AM · #11 |
His most recent books (1995ish) were published by Barricade Books, so that's probably the best place to start...
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01/12/2007 09:30:02 AM · #12 |
Originally posted by Manic:
His most recent books (1995ish) were published by Barricade Books, so that's probably the best place to start... |
Thank you. I will send a message to Barricade Books. But, if anyone has got website or email address of Lyle Stuart Inc.? |
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01/17/2007 11:29:11 AM · #13 |
Bump!
Any website address of Masters & Johnson? |
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