How to Sue Trip Advisor for Using Reviews I No Longer Wish to Publish

when you need permission - fair use guidelines — Andrea Costa Photography / Flickr

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

Whenever you decide to directly quote, extract, or reproduce someone else's piece of work in your own—whether that's a book, blog, magazine article, or something else—you have to consider, for each employ, whether or non it's necessary to seek explicit, legal permission from the piece of work's creator or owner.

Unfortunately, quoting or excerpting someone else's piece of work falls into one of the grayest areas of copyright law. There is no legal dominion stipulating what quantity is OK to use without seeking permission from the owner or creator of the material. Major legal battles have been fought over this question, but there is all the same no blackness-and-white dominion.

Notwithstanding, probably the biggest "rule" that y'all'll find—if you're searching online or asking around—is: "Ask explicit permission for everything beyond X."

What constitutes "X" depends on whom you ask. Some people say 300 words. Some say one line. Some say x% of the word count.

But any rules yous find are based on a general institutional guideline or a person's experience, besides every bit their overall comfort level with the risk involved in directly quoting and excerpting work. That's why opinions and guidelines vary so much. Furthermore, each and every instance of quoting/excerpting the same work may accept a dissimilar answer as to whether you need permission.

And then there is no one rule you can apply, only principles. And then I promise to provide some clarity on those principles in this post.

When do you lot Non demand to seek permission?

You do not demand to seek permission for work that'due south in thepublic domain. This isn't ever a simple thing to determine, but as of Jan. 1, 2020, information technology includes whatever work published earlier 1926. (As of January. 1, 2022, information technology will include any work published before 1927. And then on.)

Some works published subsequently 1926 are also in the public domain. Read this guide from Stanford about how to make up one's mind if a work is in the public domain.

You also do not need to seek permission when you're merely mentioning the title or writer of a work. Information technology's like citing a fact. Any time you state unadorned facts—like a list of the 50 states in the United States—you are not infringing on anyone'south copyright.

Information technology's also fine to link to something online from your website, weblog, or publication. Linking does not require permission.

Finally, if your use falls within "off-white utilise," you do not demand permission. This is where we enter the trickiest area of all when it comes to permissions.

What constitutes "fair use" and thus doesn't require permission?

At that place are four criteria for determining fair use, which sounds tidy, simply it's not. These criteria are vague and open to interpretation. Ultimately, when disagreement arises over what constitutes fair utilise, it's upwardly to the courts to make a decision.

The four criteria are:

The purpose and grapheme of the employ.For example, a distinction is often made between commercial and not-for-turn a profit/educational use. If the purpose of your work is commercial (to make coin), that doesn't hateful you're of a sudden in violation of fair use. But it makes your instance less sympathetic if you're borrowing a lot of someone else'southward work to prop up your own commercial venture.
The nature of the copyrighted work. Facts cannot exist copyrighted. More than artistic or imaginative works mostly become the strongest protection.
The amount and substantiality of the portion used in relation to the entire quoted work. The law does non offering whatever pct or word count here that nosotros tin go by. That'southward because if the portion quoted is considered the most valuable part of the work, you may be violating fair use. That said, most publishers' guidelines for authors offer a rule of thumb; at the publisher I worked at, that guideline was 200-300 words from a book-length piece of work.
The effect of the apply on the potential marketplace for or value of the quoted piece of work. If your use of the original work affects the likelihood that people will buy the original piece of work, yous can be in violation of fair use. That is: If you lot quote the textile extensively, or in a fashion that the original source would no longer be required, then yous're perhaps affecting the market place for the quoted work. (Don't confuse this criteria with the purpose of reviews or criticism. If a negative review would dissuade people from buying the source, this is not related to the fair apply give-and-take in this post.)

To further explore what these four criteria mean in practice, be sure to read this first-class article by attorney Howard Zaharoff that originally appeared in Writer's Assimilate magazine: "A Writers' Guide to Off-white Apply."

In do, if you lot're only quoting a few lines from a full-length book, you are most likely within fair use guidelines, and do not need to seek permission. But to emphasize: every case is different. Also, much depends on your risk tolerance. To eliminate all possible risk, then it'south best to either ask for permission or eliminate use of the copyrighted fabric in your own work. Here's a flowchart that can help you evaluate what you might need to enquire permission for.

Three important caveats about this chart

Nothing can stop someone from suing you if you use their copyrighted work in your published work.
The only fashion your utilize of copyright is tested is by way of a lawsuit. That is, there is no general policing of copyright. Therefore, how you handle copyrighted content depends on how risk averse you are. If you make up one's mind non to seek permission because you plan to use a fair use statement, be prepared with the best-possible case to defend your use of the copyrighted content in the event that you are sued.
If you lot intend to produce material that is accessible worldwide and in digital grade (such equally content on the cyberspace, ebooks, etc), and if you are using content considered in the public domain in the Usa, yous should double-check whether the content is also in the public domain in other countries. Y'all tin learn more about this issue in The Public Domain by Stephen Fishman.

If you're concerned virtually your risk, you can as well search for the rights owner's proper noun and the keyword "lawsuit" or "copyright" to see if they've tried to sue anyone. However, just because someone hasn't sued yet doesn't mean they won't sue you lot.

If you lot seek permission, y'all need to identify the rights holder

Once you lot've decided to seek permission, the next chore, and i of the most difficult, is identifying who currently holds the copyright or licensing to the work. It will not always be clear who the copyright holder is, or if the work is even nether copyright. Here are your starting points.

First, verify the bodily source of the text. Sometimes writers use quotes from Goodreads or other online sources without verifying the accuracy of those quotes. (Equally someone who is misattributed on Goodreads, I can confirm: people are misattributed all the time.) If you don't know the source, and yous don't know the length of the source work, and you don't know if what you are quoting is the "center" of the work, then you are putting yourself at risk of infringement.
If you lot're seeking permission to quote from a volume, await on the copyright folio for the rights holder; it's usually the writer. Yet, bold the book is currently in print and on auction, commonly you lot contact the publisher for permission. You can also try contacting the author or the author'due south literary agent or estate. (Generally, information technology'southward best to go to whomever seems the most attainable and responsive.)
If the book is out of print (sometimes you tin tell because editions are only available for auction from third parties on Amazon), or if the publisher is out of concern or otherwise unreachable, you should endeavour to contact the author, assuming they are listed as the rights holder on the copyright page.
You tin can also bank check authorities records.Most published books, as well as other materials, have been officially registered with the US Copyright Function. Here is an first-class guide from Stanford on how to search the government records.
For photo or image permissions: Where does the photo appear? If it'due south in a newspaper, magazine, or an online publication, yous should seek permission from the publication if the photo is taken by 1 of their staff photographers or otherwise created past staff. If you lot've plant the photo online, you need to figure out where information technology originated from and/or who it's originally credited to. (Try using Google Image Search.) When in doubt, seek permission from the photographer, keeping in heed that many photographers work through large-scale agencies such as Getty for licensing and permissions. Photograph permissions can go complex quickly if they feature models (you may need a model release in add-on to permission) or trademarked products. Here is an excellent, in-depth guide if you need it: Can I Utilise That Prototype?

Generally, yous or your publisher will want nonexclusiveworld rights to the quoted material. "Nonexclusive" means yous're non preventing the copyright owner from doing whatsoever they want with the original material; "world rights" means you take the ability to distribute and sell your own piece of work, with the quoted fabric, anywhere in the world, which is virtually ever a necessity given the digital globe we live in.

Also, permission is by and large granted for a specific impress run or flow of time. For example, if you seek permission for a 5,000-copy print run, you lot'll need to secure permission a second fourth dimension if you go back to press. (And if you publish a 2nd edition, you'll demand to seek permission again.)

A possible solution for some authors: PLSclear

PLSclear, a UK firm, tin assistance secure permissions. It is a gratuitous service; here is the list of publishers that participate.

If you're under contract with a publisher

Just most every traditional publisher provides their authors with a permissions grade to apply for their project (be sure to ask if you haven't received one!), but if you're a self-publishing author, or you're working with a new or inexperienced firm, yous may need to create your own.

To assist you get started, I've created a sample permissions letter you can customize; it will be especially helpful if you're contacting authors or individuals for permission. It will exist less necessary if you're contacting publishers, who ofttimes have their own grade that yous need to sign or complete.

To asking permission from a publisher, visit their website and await for the Permissions or Rights section. Here are links to the New York publishers' rights departments, with instructions on how to request permission.

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

Will yous exist charged for permission?

It'south hard to say, but when I worked at a mid-size publisher, nosotros brash authors to exist prepared to pay $1,000–$iii,000 for all necessary permissions fees if they were quoting regularly and at length. (Publishers don't cover permissions fees for authors, except in special cases.) If you're seeking permission for use that is nonprofit or educational in nature, the fees may exist lower or waived.

What if you don't get a response or the conditions are unreasonable?

That's unfortunate, simply in that location is little you can do. If you lot can't wait to hear dorsum, or if you can't afford the fees, you lot should not employ the piece of work in your own. However, there is something known as a "adept faith search" option. If you've gone above and beyond in your efforts to seek permission, but cannot determine the copyright holder, achieve the copyright holder, or get a response from a copyright holder (and y'all have documented information technology), this will exist weighed as part of the penalty for infringement. This is not protection, yet, from beingness sued or beingness found guilty of infringement.

How to avert the necessity of seeking permission

The best way to avert seeking permission is to not quote or excerpt another person'due south copyrighted piece of work. Some believe that paraphrasing or summarizing the original—rather than quoting it—tin get you lot off the hook, and in some cases, this may exist acceptable. Ideas are not protected by copyright, simply the expression of those ideas is protected. So, putting something in your ain words or paraphrasing is usually okay, equally long every bit it's not too close to the fashion the original idea was expressed.

You can also endeavour to restrict yourself to using work that is licensed and available under Artistic Eatables—which does not crave you to seek permission if your utilize abides by sure guidelines. Learn more about Creative Commons.

What about seeking permission to use piece of work from websites, blogs, or in other digital mediums?

The aforementioned rules apply to work published online equally in more formal contexts, such equally impress books or magazines, but attitudes tend to be more than lax on the Net. When bloggers (or others) aggregate, repurpose, or otherwise excerpt copyrighted piece of work, they typically view such use every bit "sharing" or "publicity" for the original writer rather than as a copyright violation, especially if it'southward for noncommercial or educational purposes. I'1000 not talking nearly wholesale piracy here, but almost extensive excerpting or aggregating that would not exist considered OK otherwise. In brusque, it'south a controversial result.

Does fair use and permissions use to images, fine art, or other types of media?

The aforementioned rules apply to all types of work, whether written or visual.

Typically, you lot have to pay licensing or royalty fees for any photos or artwork you lot want to utilise in your own work. If you can't find or contact the rights holder for an image, and it'southward non in the public domain, then you cannot use it in your own piece of work. Y'all need explicit permission.

However, more and more than images are being issued by rights holders under Creative Commons rather than traditional copyright. To search for such images, you lot tin look under the "Creative Eatables" category at Flickr or VisualHunt.

Note: If you detect "rights-complimentary images," that doesn't hateful they are costless to use. It only means they are usually cheaper to pay for and overall less of a hassle.

No permission is needed to mention song titles, motion picture titles, names, etc.

Yous exercise non demand permission to include song titles, flick titles, TV testify titles—any kind of championship—in your work. Y'all tin can as well include the names of places, things, events, and people in your work without request permission. These are facts.

Merely: be very conscientious when quoting song lyrics and poetry

Considering songs and poems are and then short, information technology'due south dangerous to use even 1 line without asking for permission, even if you retrieve the use could be considered fair. However, it'south yet fine to apply song titles, poem titles, artist names, band names, moving-picture show titles, etc.

If you want to consult with someone on permissions

I recommend my colleagues at Copy Write Consultants, who take experience in permissions and proper use of citations.

For more than help

12 Copyright Half-Truths by Lloyd Jassin at CopyLaw—addresses mistaken beliefs commonly held past authors; Jassin's unabridged blog is very useful and worth reading
Denizen Media Police force: Works Not Covered Past Copyright
Is It Fair Use? 7 Questions to Inquire Earlier You Use Copyrighted Cloth by lawyer Brad Frazer
Copyright Role FAQ: very helpful—addresses recipes, titles, ideas, names, and more
Very helpful interview with Paul Rapp, an intellectual property rights skilful, over at Huffington Post. Discusses song lyrics, mentioning famous people, what constitutes fair utilize, and much more.
Are Yous Worried Your Work or Ideas Volition Be Stolen?

Sample Permissions Letter

Jane Friedman (@JaneFriedman) has 20 years of experience in the publishing manufacture, with expertise in digital media strategy for authors and publishers. She is the publisher of The Hot Sheet, the essential newsletter on the publishing industry for authors, and was named Publishing Commentator of the Year by Digital Book World in 2019.

In addition to being a columnist forPublishers Weekly, Jane is a professor with The Not bad Courses, which released her 24-lecture series, How to Publish Your Book. Her book for creative writers, The Business organisation of Being a Writer (University of Chicago Printing), received a starred review from Library Journal.

Jane speaks regularly at conferences and industry events such every bit BookExpo America, Digital Book World, and the AWP Briefing, and has served on panels with the National Endowment for the Arts and the Creative Work Fund. Find out more.

johnsongrespear.blogspot.com

Source: https://www.janefriedman.com/sample-permission-letter/