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Can i publish a book about Chanel or McQueen for example?

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Can i publish a...

Can i publish a book about Chanel or Alexander McQueen for example? Will it fall under "fair use" category of copyright? In my book I will sum up the facts and feature the photographs.

Lawyer's Assistant: What written documentation do you have?

Wikipedia

Lawyer's Assistant: Have you talked to a local attorney? Has anything been filed in court?

No just thinking about getting into the publishing

Submitted: 8 months ago.Category: Legal
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Answered in 1 minute by:
9/14/2017
Lawyer: Attorney2, Attorney replied 8 months ago
Attorney2
Attorney2, Attorney
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Satisfied Customers: 8,466
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Welcome to JA and thank you for your question. I will be the Attorney that will be assisting you.

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Lawyer: Attorney2, Attorney replied 8 months ago

What is your concern with publishing this type of book?

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Customer reply replied 8 months ago
I want to create a visually appealing and informative book.
Lawyer: Attorney2, Attorney replied 8 months ago

"Writers, academics, and journalists frequently need to borrow the words of others. Sooner or later, almost all writers quote or closely paraphrase material that someone else has written. For example:

  • Andy, putting together a newsletter on his home computer, reprints an editorial he likes from a daily newspaper.
  • Phil, a biographer and historian, quotes from several unpublished letters and diaries written by his subject.
  • Regina, a freelance writer, closely paraphrases two paragraphs from the Encyclopedia Britannica in an article she's writing.
  • Sylvia, a poet, quotes a line from a poem by T.S. Eliot, by way of homage, in one of her own poems.
  • Donnie, a comedian, writes a parody of a famous song that he performs in his comedy act.

Assuming the material quoted in these examples is protected by copyright, do Phil, Regina, Sylvia, Andy, or Donnie need permission from the author or other copyright owner to use it? It may surprise you to learn that the answer is "not necessarily."

It's true that normally, copyright law gives authors certain exclusive rightsin their work. These rights include the exclusive ability to reproduce or resell their work.

Under the "fair use" defense, however, another author may make limited use of the original author's work without asking permission. Fair use is based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. The fair use privilege is perhaps the most significant limitation on a copyright owner's exclusive rights. If you write or publish, you need a basic understanding of what is and is not fair use.

Uses That Are Normally Considered Legally "Fair"

Subject to some general limitations discussed later in this article, the following types of uses are usually deemed fair uses:

  • Criticism and commentary: for example, quoting or excerpting a work in a review or criticism for purposes of illustration or comment. A book reviewer would be permitted to quote passages from a book in a newspaper column, for example, as part of an examination of the book.
  • News reporting: such as summarizing an address or article, with brief quotations, in a news report. A journalist would be permitted to quote from a political speech's text without the politician's permission.
  • Research and scholarship: perhaps quoting a short passage in a scholarly, scientific, or technical work for illustration or clarification of the author's observations. An art historian would be able to use an image of a painting in an academic article that analyzes the painting.
  • Nonprofit educational uses: for example, when teachers photocopy limited portions of written works for classroom use. An English teacher would be permitted to copy a few pages of a book to show to the class as part of a lesson plan.
  • Parody: that is, a work that ridicules another, usually well-known, work by imitating it in a comic way. A comedian could quote from a movie star's speech in order to make fun of that star.

There are several factors that a court will consider when determining whether an instance of infringement qualifies as fair use. Non-commercial use weighs heavily in favor of finding that the infringement is fair use. Violations often occur when the use is motivated primarily by a desire for commercial gain. The fact that a work is published primarily for private commercial gain weighs against a finding of fair use. For example, using the Bob Dylan line "You don't need a weatherman to know which way the wind blows" in a poem published in a small literary journal would probably be a fair use; using the same line in an advertisement for raincoats probably would not be.

Similarly, a use the benefits the public or that lends to education also weighs heavily in favor of a finding of fair use. For example, in its advertising a vacuum cleaner manufacturer was permitted to quote from a Consumer Reports article comparing vacuum cleaners. Why? The ad significantly increased the number of people exposed to the Consumers Reports' evaluations and thereby disseminated helpful consumer information. The same rationale probably applies to the widespread practice of quoting from favorable reviews in advertisements for books, films, and plays.

Five Rules Regarding "Fair Use"

There are five basic rules to keep in mind when deciding whether or not a particular use of an author's work is a fair use.

Rule 1: Are You Creating Something New or Just Copying?

The purpose and character of your intended use of the material involved is the single most important factor in determining whether a use is fair under U.S. copyright law. The question to ask here is whether you are merely copying someone else's work verbatim or instead using it to help create something new.

Rule 2: Are Your Competing With the Source You're Copying From?

Without consent, you ordinarily cannot use another person's protected expression in a way that impairs (or even potentially impairs) the market for his or her work.

For example, say Nick, a golf pro, writes a book on how to play golf. He copies several brilliant paragraphs on how to putt from a book by Lee Trevino, one of the greatest putters in golf history. Because Nick intends his book to compete with and hopefully supplant Trevino's, this use is not a fair use.

Rule 3: Giving the Author Credit Does Not Always Let You Off the Hook

Some people mistakenly believe that they can use any material as long as they properly give the author credit. Not true. Giving credit and fair use are completely separate concepts. Either you have the right to use another author's material under the fair use rule, or you do not. The fact that you attribute the material to the other author does not change that.

(Having said that, crediting your source will decrease the chances of litigation, since the original author may feel that he or she received appropriate credit.)

Rule 4: The More You Take, the Less Fair Your Use Is Likely to Be

The more material you lift from the original, the less likely it is that your use will be considered a fair use. As a broad standard, never quote more than a few successive paragraphs from a book or article, take more than one chart or diagram, include an illustration or other artwork in a book or newsletter without the artist's permission, or quote more than one or two lines from a poem.

Contrary to what many people believe, there is no absolute word limit on fair use. For example, copying 200 words from a work of 300 words wouldn't be fair use. However, copying 2,000 words from a work of 500,000 words might be fair. It all depends on the circumstances.

To preserve the free flow of information, authors are given more leeway when using material from factual works (scholarly, technical, or scientific works) than works of fancy, such as novels, poems, and plays.

Rule 5: The Quality of the Material Used Is as Important as the Quantity

The more important the material is to the original work, the less likely your use of it will be considered fair.

In one famous case, The Nation magazine obtained a copy of Gerald Ford's memoirs before their publication. In the magazine's article about the memoirs, only 300 words from Ford's 200,000-word manuscript were quoted verbatim. The Supreme Court ruled that this was not a fair use because the material quoted (dealing with the Nixon pardon) was the "heart of the book ... the most interesting and moving parts of the entire manuscript," and that prepublication disclosure of this material would cut into value or sales of the book.

In determining whether your intended use of another author's protected work constitutes a fair use, apply the golden rule: Take from someone else only what you would not mind someone taking from you. This will help, should you ever need to defend your actions in court.

Copying From Unpublished Materials

When it comes to fair use, unpublished works are inherently different from published works. Publishing an author's unpublished work before he or she has authorized it infringes upon the author's right to decide when and whether the work will be made public.

Some courts in the past held that fair use never applies to unpublished material. However, in 1991 Congress amended the fair use provision of the U.S. Copyright Act to make clear that the fact that a work is unpublished weighs against fair use, but is not determinative in and of itself." http://www.nolo.com/legal-encyclopedia/fair-use-rule-copyright-material-30100.html

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Customer reply replied 8 months ago
wonder if i can get sued for it
Lawyer: Attorney2, Attorney replied 8 months ago

This when Fair Use comes into play:

Under the "fair use" defense, however, another author may make limited use of the original author's work without asking permission. Fair use is based on the belief that the public is entitled to freely use portions of copyrighted materials for purposes of commentary and criticism. The fair use privilege is perhaps the most significant limitation on a copyright owner's exclusive rights. If you write or publish, you need a basic understanding of what is and is not fair use.

Uses That Are Normally Considered Legally "Fair"

Subject to some general limitations discussed later in this article, the following types of uses are usually deemed fair uses:

  • Criticism and commentary: for example, quoting or excerpting a work in a review or criticism for purposes of illustration or comment. A book reviewer would be permitted to quote passages from a book in a newspaper column, for example, as part of an examination of the book.
  • News reporting: such as summarizing an address or article, with brief quotations, in a news report. A journalist would be permitted to quote from a political speech's text without the politician's permission.
  • Research and scholarship: perhaps quoting a short passage in a scholarly, scientific, or technical work for illustration or clarification of the author's observations. An art historian would be able to use an image of a painting in an academic article that analyzes the painting.
  • Nonprofit educational uses: for example, when teachers photocopy limited portions of written works for classroom use. An English teacher would be permitted to copy a few pages of a book to show to the class as part of a lesson plan.
  • Parody: that is, a work that ridicules another, usually well-known, work by imitating it in a comic way. A comedian could quote from a movie star's speech in order to make fun of that star.

There are several factors that a court will consider when determining whether an instance of infringement qualifies as fair use. Non-commercial use weighs heavily in favor of finding that the infringement is fair use. Violations often occur when the use is motivated primarily by a desire for commercial gain. The fact that a work is published primarily for private commercial gain weighs against a finding of fair use. For example, using the Bob Dylan line "You don't need a weatherman to know which way the wind blows" in a poem published in a small literary journal would probably be a fair use; using the same line in an advertisement for raincoats probably would not be.

Similarly, a use the benefits the public or that lends to education also weighs heavily in favor of a finding of fair use. For example, in its advertising a vacuum cleaner manufacturer was permitted to quote from a Consumer Reports article comparing vacuum cleaners. Why? The ad significantly increased the number of people exposed to the Consumers Reports' evaluations and thereby disseminated helpful consumer information. The same rationale probably applies to the widespread practice of quoting from favorable reviews in advertisements for books, films, and plays.

Five Rules Regarding "Fair Use"

There are five basic rules to keep in mind when deciding whether or not a particular use of an author's work is a fair use.

Rule 1: Are You Creating Something New or Just Copying?

The purpose and character of your intended use of the material involved is the single most important factor in determining whether a use is fair under U.S. copyright law. The question to ask here is whether you are merely copying someone else's work verbatim or instead using it to help create something new.

Rule 2: Are Your Competing With the Source You're Copying From?

Without consent, you ordinarily cannot use another person's protected expression in a way that impairs (or even potentially impairs) the market for his or her work.

For example, say Nick, a golf pro, writes a book on how to play golf. He copies several brilliant paragraphs on how to putt from a book by Lee Trevino, one of the greatest putters in golf history. Because Nick intends his book to compete with and hopefully supplant Trevino's, this use is not a fair use.

Rule 3: Giving the Author Credit Does Not Always Let You Off the Hook

Some people mistakenly believe that they can use any material as long as they properly give the author credit. Not true. Giving credit and fair use are completely separate concepts. Either you have the right to use another author's material under the fair use rule, or you do not. The fact that you attribute the material to the other author does not change that.

(Having said that, crediting your source will decrease the chances of litigation, since the original author may feel that he or she received appropriate credit.)

Rule 4: The More You Take, the Less Fair Your Use Is Likely to Be

The more material you lift from the original, the less likely it is that your use will be considered a fair use. As a broad standard, never quote more than a few successive paragraphs from a book or article, take more than one chart or diagram, include an illustration or other artwork in a book or newsletter without the artist's permission, or quote more than one or two lines from a poem.

Contrary to what many people believe, there is no absolute word limit on fair use. For example, copying 200 words from a work of 300 words wouldn't be fair use. However, copying 2,000 words from a work of 500,000 words might be fair. It all depends on the circumstances.

To preserve the free flow of information, authors are given more leeway when using material from factual works (scholarly, technical, or scientific works) than works of fancy, such as novels, poems, and plays.

Rule 5: The Quality of the Material Used Is as Important as the Quantity

The more important the material is to the original work, the less likely your use of it will be considered fair.

In one famous case, The Nation magazine obtained a copy of Gerald Ford's memoirs before their publication. In the magazine's article about the memoirs, only 300 words from Ford's 200,000-word manuscript were quoted verbatim. The Supreme Court ruled that this was not a fair use because the material quoted (dealing with the Nixon pardon) was the "heart of the book ... the most interesting and moving parts of the entire manuscript," and that prepublication disclosure of this material would cut into value or sales of the book.

In determining whether your intended use of another author's protected work constitutes a fair use, apply the golden rule: Take from someone else only what you would not mind someone taking from you. This will help, should you ever need to defend your actions in court.

Copying From Unpublished Materials

When it comes to fair use, unpublished works are inherently different from published works. Publishing an author's unpublished work before he or she has authorized it infringes upon the author's right to decide when and whether the work will be made public.

Some courts in the past held that fair use never applies to unpublished material. However, in 1991 Congress amended the fair use provision of the U.S. Copyright Act to make clear that the fact that a work is unpublished weighs against fair use, but is not determinative in and of itself."http://www.nolo.com/legal-encyclopedia/fair-use-rule-copyright-material-30100.html

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Customer reply replied 8 months ago
i need a simple english answer, all that stuff above i can google myself
Lawyer: Attorney2, Attorney replied 8 months ago

If this is work under a copyright you need to be careful in your use.

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Lawyer: Attorney2, Attorney replied 8 months ago

This applies to published work

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Customer reply replied 8 months ago
lol you are not helpful at all. I am going to dispute the credit card charge.
Customer reply replied 8 months ago
bye
Lawyer: Attorney2, Attorney replied 8 months ago

How much of the author's material would you be using?

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Lawyer: Attorney2, Attorney replied 8 months ago

The site will refund any payment that you made. Contact customer service. Thank you.

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