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zddoodah

Active Member
Some NASA images require permission if a person is pictured, especially if that person is an astronaut.
If you're referring to a possible right of publicity issue, the need for permission from the individual pictured depends on the nature of the use.
 


quincy

Senior Member
If you're referring to a possible right of publicity issue, the need for permission from the individual pictured depends on the nature of the use.
Yes. That is what I am referring to and what NASA cautions about in the link I provided earlier.
 

quincy

Senior Member
Z3R0, an original and creative work is automatically copyrighted as soon as it is “fixed in a tangible form.”

This means that as soon as you expressed your thoughts in writing, your words were afforded copyright protection. No federal registration is required.

What registration can do is provide proof of the date of creation and a legal presumption of ownership, which is why the $35 it takes to register a work with the US Copyright Office is a smart investment.

Registration is also smart because it makes the copyright holder eligible for statutory damages if the work is infringed - $750-$30,000 per work infringed, up to $150,000 per work for willful infringement.

And registration of the copyright is required before a copyright holder can file an infringement lawsuit.

It is potentially possible for someone to come along and claim an unregistered published work as their own. The real copyright holder generally has evidence enough of first date of creation to thwart an attempt by someone to steal the rights, however.

Here is a link to the US Copyright Office where you can learn how to register your work, as it is now and again later as it is more fully developed: https://www.copyright.gov/help/faq/faq-register.html

If you have additional questions, you should ask them here as I rarely respond to private messages.
 

FlyingRon

Senior Member
I'll amplify a bit on Q's post. There's no obligation under the law to provide anything about book titles, authors, publishers, or dates. It's a good idea professionally to do so, but providing attribution doesn't make infringement any more or less legal.

Note that you still need to be careful. Paraphrasing something doesn't necessarily remove the "copyright" on something. While the underlying facts aren't protected by copyright, their expression is. If I take the 7 Habits book and merely rewrite it in my own words, I would expect that Franklin Covey will be beating on my door pretty quickly.

If you write in your book, something like "Remember Stuart Covey in his 7 Habits book states 'Think Win-Win," while you are making your point on something, then you likely will be fine. Similarly, you write a book on the "Top Ten Self Help Books of All Time" and include brief reviews of each one and also be protected under fair use.
 

quincy

Senior Member
When using material that is copyright protected, it is not only is smart from a professional standpoint to attribute all sources but it is also smart from a legal standpoint. While attribution alone will not protect against an infringement lawsuit, it will mitigate damages in the event of a lawsuit loss.

If material is in the public domain, attribution is not required - but NASA specifically states that NASA should be acknowledged as the source of the material. You should always (try to) honor requests for attribution.

My last post, by the way, was to address a few off-the-board questions asked of me by Z3R0. He wishes to keep some details private - and I will respect that - but I (generally) will not provide information to a poster through private message,
 
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Z3R0

Member
thank you all for your help so far in spite of my grammatical errors.

now im wondering

1 can i offer my opinion on something that happened in someones book something i think they shouldn't have done but in a mild form because
quincy said "You have to be very careful in what you say about the people in your book. Reputations are valuable. Don’t injure them with your words."

2. i paraphrased an ancient writing from Aesop's Fables wrote in 620bc how does that work

3. how does using bible scriptures work i used varying random translations.

4. im thinking i might just ask everyone their permission except for the opinion from question 1, is there anything i should consider in this process with emailing them.

5. if they dont exactly agree with my writings can they deny me (most of them should be easy going but maybe 1)

6. can i recommend books in my book
 

zddoodah

Active Member
1 can i offer my opinion on something that happened in someones book something i think they shouldn't have done but in a mild form because
quincy said "You have to be very careful in what you say about the people in your book. Reputations are valuable. Don’t injure them with your words."
Depends on what you say.

2. i paraphrased an ancient writing from Aesop's Fables wrote in 620bc how does that work

3. how does using bible scriptures work i used varying random translations.
Nothing that old is still protected by copyright (the oldest stuff still protected by copyright in U.S. is from the early 1920s -- I forget the exact year).

4. im thinking i might just ask everyone their permission except for the opinion from question 1, is there anything i should consider in this process with emailing them.

5. if they dont exactly agree with my writings can they deny me (most of them should be easy going but maybe 1)
Without context, it's impossible to speak intelligently about this.

6. can i recommend books in my book
Yes.

Your new questions touch on an issue called fair use. You might want to do some googling to get some basic information (but be cautious about sources because a lot of folks misunderstand the subject).
 

quincy

Senior Member
thank you all for your help so far in spite of my grammatical errors.

now im wondering

1 can i offer my opinion on something that happened in someones book something i think they shouldn't have done but in a mild form because
quincy said "You have to be very careful in what you say about the people in your book. Reputations are valuable. Don’t injure them with your words."

2. i paraphrased an ancient writing from Aesop's Fables wrote in 620bc how does that work

3. how does using bible scriptures work i used varying random translations.

4. im thinking i might just ask everyone their permission except for the opinion from question 1, is there anything i should consider in this process with emailing them.

5. if they dont exactly agree with my writings can they deny me (most of them should be easy going but maybe 1)

6. can i recommend books in my book
First, here are links to the Copyright Office’s information on “fair use,” which are exceptions to the exclusive rights held by copyright owners:

https://www.copyright.gov/title17/92chap1.html#107

https://www.copyright.gov/fair-use/more-info.html

Fair use is not permission to use rights-protected material. It is an affirmative defense to a claim of copyright infringement. It is a “yes I infringed but it’s okay in this case” defense.

Works published before 1924 are in the “public domain” in the US. Works can enter the public domain in a few ways but the most common way is through the passage of time, when the copyrights in the works expire. When the copyrights in works expire, the works are free for anyone to use without fear of infringement.

Aesop’s fables are in the public domain as are Bibles, however there are newer versions of the fables that can be rights-protected and any additional text added to original works can be rights-protected.

So - even when the underlying, original work is in the public domain, you need to avoid using new material unless you have acquired permission to do so.

An example: The story of Cinderella is in the public domain but various versions of the story have been created that are rights-protected. You cannot use Disney’s treatment of the story, for example.

You are free to comment on and criticize existing works as long as you do not state or imply false facts about the work or, especially important, as long as you do not defame the author.

It is possible that an author will deny you permission. In that case, you need to decide whether to leave the author’s work out of your work (legally safest) or rely on fair use when using the material (a legal risk).

Getting permission will always be the best and smartest thing to do, followed closely by a publishing law professional’s personal review of your manuscript.

Good luck, Z3R0. And thank you for the private message.
 
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Z3R0

Member
when i register with the government do i need to make sure the book is completely finished, because it is finished but i might make small changes to it,like if the permissions require something or i see a small error, make the cover picture, put it into publishing form(smaller shaped book not 8 x11) or make any modifications, does this matter or do i need to conclude everything including permissions first

what if i make future changes to the book or add more content in the future do i need to resubmit it again, because i might extend it in the future as i see necessary
 

quincy

Senior Member
when i register with the government do i need to make sure the book is completely finished, because it is finished but i might make small changes to it,like if the permissions require something or i see a small error, make the cover picture, put it into publishing form(smaller shaped book not 8 x11) or make any modifications, does this matter or do i need to conclude everything including permissions first

what if i make future changes to the book or add more content in the future do i need to resubmit it again, because i might extend it in the future as i see necessary
You can register your book at any time in any of its stages and register any additions/corrections made to the original later.

If you look at the copyright page of an older book, you might see several copyright dates listed. These different copyright dates indicate that changes have been made to the text or there have been additions to the previous editions.
 

Z3R0

Member
1 do i have to pay a fee every time,
2 my original what if i register then make small unnoticeable changes? right now i have it int 8 x 11 pages, but if i change it to a typical book format and add a cover picture, do i need to finalize it/work out all the details first before i register it
 

quincy

Senior Member
You have to pay the registration fee every time you submit a new registration application.

First, registration is never required. A creative and original work is copyright-protected once it is fixed in a tangible form, with or without registration. But registration of the work provides the creator of the work with additional protection in the form of statutory damages should the work later be infringed.

Your underlying work is eligible for statutory damages once you register it. Any additions or changes to this underlying work will not be eligible unless they are also registered.

Whether you decide to register again for inconsequential changes/modifications/alterations is a decision you will have to make. I do, however, recommend you register any cover picture you create.
 
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FlyingRon

Senior Member
I disagree with one of the statements. Most of the English translations of the Bible (The KJV being a notable exception) are protected under modern copyrights. If you copy those in an infringing manner, you may indeed be in trouble.
 

quincy

Senior Member
I disagree with one of the statements. Most of the English translations of the Bible (The KJV being a notable exception) are protected under modern copyrights. If you copy those in an infringing manner, you may indeed be in trouble.
Oops. I see in my previous post where I spoke of Aesop’s fables and Bibles and I missed writing “and Bibles.” That was unintentional. See below where I had intended to include Bibles in my sentence. Thanks for pointing that out, FlyingRon.
... Aesop’s fables are in the public domain as are Bibles, however there are newer versions of the fables and Bibles that can be rights-protected and any additional text added to original works can be rights-protected. ...
 

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