[Sigia-l] (off topic) book question

[Terry Brainerd Chadwick]

>"PeterV" asked:
> > when I use a website to illustrate something in a book,
> > do I need to ask their permission? Should I?
>Ziya wrote:
>...If it's the U.S., this clearly goes under fair use. You then need to
>consider whether your usage (length, purpose, etc) falls fully under fair
>use. Unless you're doing something nefarious, I can't imagine it wouldn't.
>Instead of wasting time chasing every possible website you're covering, I'd
>pay an IP lawyer his $250 to just go over possible red flags. Your publisher
>would want releases, because they can and since you're the one doing the
>work, why not :-)

 From my experience, as someone whose website content has been used in 
books, you do need to get permission.  In fact, the publisher will 
undoubtedly insist on it.  (I am talking content and/or 
representation--image--, not links.)

Fair use is a very limited rationale for violating copyright (using 
someone's work without permission).  US judicial rulings have held that 
fair use doesn't relate to for-profit organizations, which would include 
most publishing companies and authors.  An exception "might" be if you are 
using a very limited bit of content for the purpose of 
criticism/review.  Most websites are copyrighted under the International 
Berne Convention, whether or not a copyright notice is evident, as soon as 
they are in a fixed format. (See 
http://www.law.cornell.edu/treaties/berne/overview.html for the Berne 
Convention.)  This is also true in the US.  Many websites have explicit 
statements requiring permission before using any part of their websites in 
any form.  Therefore your publisher is going to want to be legally covered 
before allowing your book to be published.

(In my case, I often am reluctant to give permission to someone to 
reproduce part of my website because the content represented in a book is a 
year or so out of date by the time it is published, and my website content 
will have changed by that time.  This is particularly true if URLs are 
included.)

In any case, what your publisher is asking for is standard practice and 
your publisher will probably insist on that signed 
release/waiver/permission slip if you want your book published.

Terry

Terry Brainerd Chadwick, InfoQuest! Information Services
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