We have taken the inspiration for our company name from a poem in a
childrens book and plan to use it in our collateral (back of business
card, on letterhead, presentations, etc.)  I need to know what kind of
approval we need of if simply attributing it to the author is
sufficient.  Please help!

Hello loebandco~

A lot depends upon whether you use an exact quote, and if you do, how
long it is.

If you are simply "taking inspiration" from the original book, and
aren't using a quote, you don't need any special permission. It's
appropriate to cite the author and the title of the book, however.

If you are using a direct quote, there are a few rules that apply. It
is lawful to use a short quote from a longer work without obtaining
permission. According to Writer's Digest, quoting "under 10 percent"
of the original work is well within the law; to quote "above 20
percent" puts you at "high risk" for being accused of copyright
infringement. ("A Writer's Guide To Fair Use in Copyright Law," by
Howard Zaharoff, Writer's Digest,
http://www.writersdigest.com/articles/zaharoff_fair_copyright_law.asp
)

If you wish to quote over 10% of the original work (which is probably
likely in your case, since we are talking about a poem), then you must
contact the publisher of the book. Simply send a letter to them,
telling them that you are seeking permission to quote the poem in
question. Be sure to include:

* The name of the book
* The author's name (and the name of the poet, if different)
* The publication date
* And the "inspired" piece you wish to use for your business

Often permission is given without need of payment, but sometimes
you'll have to pay for the use of a quote. Your letter might look
something like this:

-------------------
XYZ Publishing
Permissions
123 Way Rd.
New York, NY 10001

March 20, 2003

To whom it concerns:

In the process of preparing my company's business cards, letterhead,
and other collateral, we've decided we'd like to use the following
quote, which comes from the poem in Jane Author's book "XYZ,"
published by your firm in 1990:

(pquote inserted here)

Appropriate credit will be given. If you do not control the necessary
rights, please let us know who to contact.

For your convenience, a release form is attached, in duplicate. Please
return a copy to me. To facilitate our schedule, we would greatly
appreciate it if you could respond by  (date inserted here).

Sincerely,
(Your name)

---------------------

This letter is based upon the letter found here, in pdf format: 
http://www.einaudi.cornell.edu/eastasia/CEASbooks/pdf/sample_letter.pdf
	
(Or, you can view it in the Google cache, for a limited time: 
://www.google.com/search?q=cache:n2jU0pVWyjIC:www.einaudi.cornell.edu/eastasia/CEASbooks/pdf/sample_letter.pdf+permission+use+copyrighted+material&hl=en&ie=UTF-8)

A sample permission form is also included at this link.

Good luck!
kriswrite

Keywords Used: 
copyright law quote length
://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=copyright+law+quote+length&btnG=Google+Search

"fair use"
://www.google.com/search?hl=en&ie=ISO-8859-1&q=%22fair+use%22&btnG=Google+Search

sample permission form copyright
://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=sample+permission+form+copyright

---

Request for Answer Clarification by loebandco-ga on 20 Mar 2003 16:22 PST

Thank you so much.  Quick clarification ... the poem we are using is
one of nearly 30 poems in one book.  The particular poem we will
reference, and of course attribute to the author, is however the title
poem.  Sounds like from your note I should seek permission.    Is this
a long process??

---

Clarification of Answer by kriswrite-ga on 21 Mar 2003 12:40 PST

You're welcome! :)

Unless the poem is longer than what a traditional children's poem
typically is, yes, I think you should seek permission. (Again, keep in
mind the percentage guidelines I quoted in your Answer.)

How long it takes to get permission really depends upon the publisher.
To speed up the process as much as possible, I recommend the
following:

1. Do *not* send your permission request via certified or registered
mail. Most publishers refuse to accept such mail.

2. Do send your permission request in a Priority envelope, or send it
Fed Ex. This should ensure it gets noticed sooner.

3. Be sure to include a deadline in your letter. The publisher may or
may not meet that deadline, but it will help them to realize this is a
timely matter. (Note, however, that if they *don't* meet the deadline,
you shouldn't assume permission has been granted. You should get
permission in writing.)

4. Give the letter about a week to get there, then follow it up with a
phone call. (Who to talk to? Tell the receptionist that you are
following up on a request to reprint; he or she should get you to the
right person.)

If you don't hear back from the publisher in a timely fashion, feel
free to call again. But be reasonable in your expectations. It is
likely that it will take the publisher at least a month (more likely
two) before they get your permission form back to you.

Good luck!
Kriswrite

Great answer!  Thanks