Carver2~
If it is only *your own* writing you’re worried about, then the
copyright is *yours*, unless you forfeited it in an agreement with
Compuserve.
If you’re talking about using what was written by others, then you'll
have to obtain each individual's written permission--unless somehow
they have forfeited their rights to Compuserve.
Never having used Compuserve's bulletin boards, I cannot answer with
100% certainty that they haven't asked for your copyright rights.
HOWEVER, it would be extremely rare and unusual if they did. You
should be able to find out by looking for a "user's agreement" on the
boards. If they don’t have a user’s agreement, then you have nothing
to worry about. If you’re unsure whether or not they have a user’s
agreement, write to the board moderator.
If the folks you wish to quote work for Compuserve, you will have to
contact Compuserve directly and ask for permission; more than likely,
it will not be granted, unless you are a well known author, or already
have a contract with a major publishing house.
When writing to individuals in order to ask for permission to reprint
their words, you should start with an email, telling them about your
project and your intended use of their words. (If you are a published
writer, be sure to include your best credits…but make it short and
sweet.) You should quote exactly what portions of their work you wish
to use. Then you'll need to obtain their mailing address, so you can
send them a release form. Send them two copies: one they can keep and
one they can return to you. Include a self-address stamped envelope.
(This will encourage them to return the permission form.)
For examples of permission forms, check out "Image Reprint Permission
Example Letter:"
http://www.together.net/~ktob/pages/reprintform.htm
(Obviously, this example is designed for image reprints, but would
work for your purposes with some rewording.)
See also "Reprint & Copyright Permission Request:"
://www.google.com/search?q=cache:MH6cx-y7sQYJ:www.apa.udel.edu/apa/publications/copyrightform.pdf+%22permission+form%22+reprint+book&hl=en&ie=UTF-8
And "Article Agreement:"
http://www.infidels.org/infidels/copyright-release.html
The basic points you need to cover in the form are:
* The name, address, and phone number of the original writer
* The fact that they are allowing you to use their written word, free
of any claim to payment or royalty
* Do not give yourself a deadline for using the material
* Do not promise that it will definitely be used
* Quote the material you plan to use. (If in doubt, quote more than
you may need.)
* Have then sign and date it and return a copy to you
Your name should also be on the contract, stating that the copyright
owner is giving *you* permission to use their work. Your publisher
will no doubt wish to see such permission forms before they agree to
publish your book, so be prepared to show them. A forum post or an
email will not legally protect you. As a courtesy, those who allow
their work to be reprinted are typically offered a free copy of the
finished book. (If you are going to do this, be sure to let them know
when you contact them via email.)
All this said, remember that you don’t need permission to quote small
portions of what others have written. This is called “fair use.”
“The 1961 Report of the Register of Copyrights on the General Revision
of the U.S. Copyright Law cites examples of activities that courts
have regarded as fair use: ‘quotation of excerpts in a review or
criticism for purposes of illustration or comment; quotation of short
passages in a scholarly or technical work, for illustration or
clarification of the author’s observations; use in a parody of some of
the content of the work parodied; summary of an address or article,
with brief quotations, in a news report; reproduction by a library of
a portion of a work to replace part of a damaged copy; reproduction by
a teacher or student of a small part of a work to illustrate a lesson;
reproduction of a work in legislative or judicial proceedings or
reports; incidental and fortuitous reproduction, in a newsreel or
broadcast, of a work located in the scene of an event being
reported.’” (Library of Congress, Copyright Office, “Fair Use,”
http://www.copyright.gov/fls/fl102.html )
In the instances you describe, a sentence or two might be within fair
use if the author has written several pages of text.
I hope this helps!
Kriswrite
Keywords Used:
copyright "fair use"
://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=copyright+%22fair+use%22&btnG=Google+Search
"release form" reprint
://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=%22release+form%22+reprint&btnG=Google+Search
"permission form" reprint book
://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=%22permission+form%22+reprint+book&btnG=Google+Search |
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