permission

[Z3R0]

What is the name of your state? Minnesota

i am writing a christian teaching book, that i want to publish, and there are a few small paraphrased things i read in books but i dont remember which ones.

my question is
if the original person does not push the copyright issue with me, like say they dont care or are dead and their related families dont care,
can someone else who is not the copyright owner push the copyright infringement on me, let say anyone whatsoever if they want to be bogus.

bottom line does it take the original copyright owner or current copyright holder/family in order to push copyright infringements or stop and desist

it was such a small amount borrowed, its not exact phrases and just briefly paraphrased. I am just thinking its under the fair use copyright policy because its a teaching book.

 

[Z3R0]

my second question is i used one small phrase from Albert Einstein, how does this work should i seek someones permission on that?

it was about his view of life and how to treat it, nothing scientific or mathematical


Q3 what is insurance do i need it for my book?, is it ok not too

 

[zddoodah]

can someone else who is not the copyright owner push the copyright infringement on me, let say anyone whatsoever if they want to be bogus.

I'm sure you'll take offense at this, but if your post is any indication of your writing ability, I question the soundness of your decision to write a book.

That said, the answer to the question I believe you're asking is that only the copyright owner or an exclusive licensee has standing to file suit for copyright infringement.

bottom line does it take the original copyright owner or current copyright holder/family in order to push copyright infringements or stop and desist

Being a family member of a copyright owner is of no legal significance.

i used one small phrase from Albert Einstein, how does this work should i seek someones permission on that?

Without any context, it's impossible to say intelligently whether your use of this "one small phrase" constitutes copyright infringement.

what is insurance

Seriously? You don't know what insurance is?

do i need it for my book?

That doesn't even make sense.

 

[quincy]

What is the name of your state? Minnesota

i am writing a christian teaching book, that i want to publish, and there are a few small paraphrased things i read in books but i dont remember which ones.

my question is
if the original person does not push the copyright issue with me, like say they dont care or are dead and their related families dont care,
can someone else who is not the copyright owner push the copyright infringement on me, let say anyone whatsoever if they want to be bogus.

bottom line does it take the original copyright owner or current copyright holder/family in order to push copyright infringements or stop and desist

it was such a small amount borrowed, its not exact phrases and just briefly paraphrased. I am just thinking its under the fair use copyright policy because its a teaching book.

First, just because you are writing a “teaching” book does not mean you can use copyright-protected material without authorization from the copyright holder. And, when using copyrighted material taken from other books (either verbatim or paraphrased), you can have not just one copyright holder whose rights need to be considered but several (e.g., author, publishers) who hold rights in the work.

The fair use doctrine allows for limited uses of copyrighted works if used in connection with criticism of or comments on a work, in the course of news reporting, for teaching purposes, or as part of a research or scholarship activity.

Fair use, however, is not permission to use copyrighted works but rather an affirmative defense to a claim of copyright infringement, should the holder of a copyright take exception to your unauthorized use of the work and sue you.

All cases where fair use is the defense to a claim of infringement will be decided on the specific facts of use. A court considers four factors when making a decision on fair use - the purpose and character of the use (e.g., whether the use is commercial or educational), the nature of the copyrighted work (e.g., entertainment, news), the amount and substantiality of the portion used in relation to the work as a whole (e.g., a line in a poem, a chapter of a book), the effect of the use on the market for or value of the work.

my second question is i used one small phrase from Albert Einstein, how does this work should i seek someones permission on that?

it was about his view of life and how to treat it, nothing scientific or mathematical


Q3 what is insurance do i need it for my book?, is it ok not too

I would not use any material from Albert Einstein without permission from The Hebrew University of Jerusalem, the copyright holder. You must pay for any use. Here are links to permissions: http://www.albert-einstein.org/archives13.html and http://alberteinstein.info/terms_of_use.html

As an author, you would be smart to have professional (media) liability insurance, enough to cover the costs of a lawsuit should one arise over the contents of your book. You would also be smart to have a publishing law professional personally review your book prior to publication, to help you edit and avoid the areas most likely to attract a lawsuit.

Good luck.

Here is a link to your previous thread about your book, for reference purposes:
https://forum.freeadvice.com/threads/new-full-book.658557/

 

[Z3R0]

I'm sure you'll take offense at this, but if your post is any indication of your writing ability, I question the soundness of your decision to write a book.

I was offended and very hurt by your statement, but thank you for your answers.
i dont think i have to be perfect grammatically on a casual forum. but even if i did write my complete
book like crap it doesnt mean i dont have important things to say, thats why they have editors.

I feel that you guys should stop slapping people around with your grammatical nonsense. you really
shouldnt discourage anyone from pursuing their expressions of opinions, because they may have something
important to say, an editor takes care of that and by your rude comments i feel that they may be
discouraged and stop.

i apologies for any offence this may have caused you but it needed to be said.

as far as your statement about insurance i didnt know what it ment for publishing

quincy thank you for the info but my question is this

if the original person does not push the copyright issue with me, like say they dont care or are dead and
their related families dont care,
can someone else who is not the copyright owner push the copyright infringement on me, let say anyone
whatsoever if they want to be bogus.

 

[zddoodah]

my question is this

if the original person does not push the copyright issue with me, like say they dont care or are dead and
their related families dont care,
can someone else who is not the copyright owner push the copyright infringement on me, let say anyone
whatsoever if they want to be bogus.

I answered this question already: only the copyright owner or an exclusive licensee has standing to file suit for copyright infringement.

 

[quincy]

I was offended and very hurt by your statement, but thank you for your answers.
i dont think i have to be perfect grammatically on a casual forum. but even if i did write my complete
book like crap it doesnt mean i dont have important things to say, thats why they have editors.

I feel that you guys should stop slapping people around with your grammatical nonsense. you really
shouldnt discourage anyone from pursuing their expressions of opinions, because they may have something
important to say, an editor takes care of that and by your rude comments i feel that they may be
discouraged and stop.

i apologies for any offence this may have caused you but it needed to be said.

as far as your statement about insurance i didnt know what it ment for publishing

quincy thank you for the info but my question is this

if the original person does not push the copyright issue with me, like say they dont care or are dead and
their related families dont care,
can someone else who is not the copyright owner push the copyright infringement on me, let say anyone
whatsoever if they want to be bogus.

The only ones who have standing to sue for copyright infringement are the copyright holders (those with rights in the work) or someone who has been appointed by the copyright holders to act on their behalf.

This is not to say that another or others might not have reason to sue you over the contents of your book. There are other areas of the law that you, as an author, must be aware of when writing, like trademark laws, privacy/publicity laws, and defamation laws (to name three areas of concern).

I suggest you read through the “Limiting Legal Risk” learning module published by the Knight Community News Network. Here is a link:

http://kcnn.org

KCNN is designed to help online journalists better learn their craft and hone their skills but it offers good information for all writers. I find the “Limiting Legal Risks” an especially important source for all writers.

Now, as a note on forum members’ comments on spelling, punctuation and grammar: I agree with you to a certain extent. This is a legal forum and we address questions about the law. You are not here for English lessons and we are not here to teach English.

However, when a poster comes to this forum as a writer, with questions about writing, the poster should expect comments about their writing skills (or apparent lack thereof). If you want to be taken seriously as a writer, you should show you are serious by writing well.

That said, I recommend that all authors have their manuscripts personally reviewed and edited by a publishing law professional, prior to publication. This is one of the best ways to avoid having a costly lawsuit filed against you. In addition, you should have good insurance.

Good luck, Z3R0.

 

[Z3R0]

Q1 how about internet video quotes like youtube something they say on a video, does that need permission

Q2 when seeking permission, is an email response sufficient permission if they just respond to my email saying you have permission

thank you both for your advise

 

[quincy]

Q1 how about internet video quotes like youtube something they say on a video, does that need permission

Q2 when seeking permission, is an email response sufficient permission if they just respond to my email saying you have permission

thank you both for your advise

Permission may or may not be needed, depending on how you use the video quotes. But it is always best to get permission so you are not unpleasantly surprised by a cease and desist letter with a demand for compensation, or a lawsuit filed against you.

Permission can be granted orally or in writing but it is always best to have permissions in writing. If a dispute over your use arises later, you will have written documentation.

If you are getting permission via email, the rights that are being granted to you by the copyright holder should be specific.

The goal in getting permission is to protect against lawsuits.

 

[Z3R0]

so if i make a copy of the email this should suffice?
one of them responded back saying the quote does not require permission on our side due to it was such a small quote

 

[quincy]

so if i make a copy of the email this should suffice?
one of them responded back saying the quote does not require permission on our side due to it was such a small quote

You should save the email exchanges to a file on your computer and you should print hard copies of the email exchanges.

Very generally speaking, small quotes or excerpts properly attributed are not going to cause you trouble. But there are exceptions, with one notable exception already mentioned (i.e., Einstein material). Because there ARE exceptions, getting permission even when technically not needed, is wise and advised.

 

[zddoodah]

Q1 how about internet video quotes like youtube something they say on a video, does that need permission

This is barely a coherent sentence, but whether a video that quotes some other work needs permission for the quote(s) depends on the detailed facts.

Q2 when seeking permission, is an email response sufficient permission if they just respond to my email saying you have permission

Sufficient for what? A non-exclusive license certainly could be granted by email.

so if i make a copy of the email this should suffice?

A copy of what email? Suffice for what?

By the way...

i dont think i have to be perfect grammatically on a casual forum. but even if i did write my complete
book like crap it doesnt mean i dont have important things to say, thats why they have editors.

You don't "have to be perfect grammatically on a casual forum," but writing coherently is always needed if you expect folks to understand you -- and particularly when you're asking folks for assistance.

Also, publishing companies most certainly do not employ editors to take incoherent ramblings and turn them into something good. A book editor's job is to take something that is already well-written and make it better by fixing typographical/punctuation/grammatical errors and, on occasions, suggesting that the author make re-writes.

If you "have important things to say," then you ought to care enough to write coherently.

 

[quincy]

If someone has important things to say but has difficulty writing down their thoughts, a ghostwriter can be hired. The ghostwriter gets paid by the content-creator to do the writing and the content-creator will be credited as author of the book. Collaborating with someone is also an option.

 

[Z3R0]

My apologies for my incoherent sentences, that is something I need to work on in a casual environment.

A copy of what email? Suffice for what?

this is in response for clarity on what quincy said the post before

after I was finished with my book, I went through it 2 times more spending endless hours correcting it and making it as coherent as possible; doing grammar, cap's, and punctuation. I also had 2 test readers read it and had them also point anything out as well, the end result is very smooth easy reading material, and I feel very good every time I read it, and how it turned out.

the writings in this forum do not reflect my abilities to make a coherent book. I would appreciate if you could stop ripping on me. I feel like this is a hostile environment. zddoodah its not what you say, its how you say it.

you have a very ruff manner when you say things, if you could just try to say it nicer that would be appreciated. I feel if you do this with other people that you would hurt them, then in their hurt, they then hurt others, a domino effect. the phrase that comes to my mind is: hurting people, hurt people. that means the original person has been hurt in their past, and they hurt others with their manners and actions, because of the pain in their heart(emotions) and sometimes this pain is hidden and buried, it becomes the person, but still there. then those who are hurt then hurt others because of the pain caused by the original person, and so on and so forth.

 

[quincy]

My apologies for my incoherent sentences, that is something I need to work on in a casual environment.



this is in response for clarity on what quincy said the post before

after I was finished with my book, I went through it 2 times more spending endless hours correcting it and making it as coherent as possible; doing grammar, cap's, and punctuation. I also had 2 test readers read it and had them also point anything out as well, the end result is very smooth easy reading material, and I feel very good every time I read it, and how it turned out.

the writings in this forum do not reflect my abilities to make a coherent book. I would appreciate if you could stop ripping on me. I feel like this is a hostile environment. zddoodah its not what you say, its how you say it.

you have a very ruff manner when you say things, if you could just try to say it nicer that would be appreciated. I feel if you do this with other people that you would hurt them, then in their hurt, they then hurt others, a domino effect. the phrase that comes to my mind is: hurting people, hurt people. that means the original person has been hurt in their past, and they hurt others with their manners and actions, because of the pain in their heart(emotions) and sometimes this pain is hidden and buried, it becomes the person, but still there. then those who are hurt then hurt others because of the pain caused by the original person, and so on and so forth.

Some posts are better ignored, Z3R0. You can take what you find helpful (if anything ) and leave the rest behind.

You are smart to have proof-readers. Proofreaders are good because it is very difficult for a writer to spot their own writing errors. I say this both as a longtime journalist and writer and as a longtime editor.

I still recommend you have a publishing law professional review of your manuscript before publication, in addition to your proofreaders, to point out the areas of legal concern. And there are legal concerns when you want to use other people’s rights-protected works.

I don’t think you asked another question in your latest post.