Copyright Page/Copyright

Copyright law has evolved and changed over the years, so the law is different depending on when a work was originally published:

1. A work published before 1906 is in the public domain and is therefore not protected by copyright and does not require permission. This is important to know when you are looking for something like an opening quote for a chapter. 2. A work published between September 19, 1906, and December 31, 1977, is protected by copyright for seventy-five years from the date of publication, assuming appropriate renewals were obtained when needed. 3. A work created after January 1, 1978, is protected by copyright for the life of the author plus seventy-five years.

Many authors hope the material they want to use will be considered under the “fair use” part of the copyright law that says that certain materials can be used without permission. For instance, if you hear a Senator talking to a television reporter and you hear him say something, you can use that quote in your material as long as you quote him or her accurately, and show that this was a quote. You may also have to be careful to quote in enough entirety to not take it out of context and distort the meaning.

However, if the quote you want to use is in writing, particularly if it is taken from a professional work, or is from a newspaper or magazine, or is taken from a work of fiction, or is a song lyric, a poem, or is from a personal letter, you will need permission to use it.

Contrary to common belief, material obtained from the Internet or from an email is also protected by copyright law.

In addition, photographs or other graphic material such as ads or charts or cartoons must have permission to be used.

Many non-fiction authors use case studies and interviews to add the human element through stories to their work. This is an important technique and is important in creating a good book. Whenever possible, the best approach is to disguise beyond recognition the identities and circumstances of individuals quoted or referred to in interviews or cases or examples. Generally you should use a changed first-name only to identify people, and use such generalities that many people could be that person you write about.

If you are an attorney, a psychologist, or a coach, for instance, you may want to use examples from your own practice. But there is a strict right to privacy of your clients, so you must be very careful not to violate that.

If you attend seminars, you must be careful not to directly use material you heard. This can be particularly difficult if you are a life-long learner and listen to many other experts – what is yours and what did you get from somewhere else? The burden is on you to make sure you don’t take what doesn’t belong to you, so you need to err on the side of not using something you aren’t sure of, or rewriting it.

Many non-fiction books also include disclaimers on the copyright page, using language such as: “Any similarity to actual people or companies is purely coincidental.” But this does not excuse you from taking great pains to hide these identities.

You will probably have to figure out first who actually owns the material you want to copy. Most likely it is the publisher of the material, but may also be the author of the material.

If the publisher no longer exists, the rights would likely have reverted to the author. If the author has died, then the estate probably owns the rights.

Once you determine the owner, you need to send a letter or email and ask if the copyright owner will grant permission. You will want to send a form with your letter that tells exactly how and under what circumstances you will use the material.

If you are working with a traditional publisher, that publisher will probably have forms they want you to use that cover all the rights they want you to obtain.

Tanyab 05:36, 10 November 2008 (UTC) Brought to you by | www.publishing-store.com