Using Online Materials in a Book

[ap21]

ExpertLaw,

Quick question regarding writing a book.

The book I am writing will be using examples from online web sources. Every example will have a corresponding citation/reference.
My question is: Are there any copyright implications for what I am doing? Is there anything I should be aware of?

I am doing my due diligence to make sure that once my book is published -- whether it be online or physically -- there is no lawsuit thrown my way.

Thanks

[flyingron]

You're never immune to lawsuits. If your purpose of including examples is for review or commentary, you might be able to mount a fair use defense, but it would be safer if you were to get permission for the material you include.

[ap21]

I consulted another lawyer. He said that what I was doing was all in the "public domain" and there was no copyright issues.

What do you think?

[flyingron]

You either misunderstood him or your lawyer is a dangerous idiot. Found on the internet does not equate to PUBLIC DOMAIN. Just because you might have fair use to something doesn't make the material PUBLIC DOMAIN (to the contrary, if the work was in the public domain, you would neither need permission nor fair use). Of course, since we have nothing more than your one sentence explanation as to what you intend to do (presumably, unless he didn't dole out this advice based on a one line email) we can't really give you a proper read.

[Lehk]

You consulted with another attorney within 3 hours of posting the question here?

And you happened to find one who gave you advice that is exactly what you wanted to hear AND which has no bearing on the actual law?


Interesting.

[flyingron]

...at 8AM in the morning even (ET, earlier elsewhere in the country).

[ap21]

Yes, I did seek legal counsel within three hours of posting this and he is based in the West Coast. Not that I need to justify my actions to you, or anyone else.

I am not sure why there needs to be sarcasm or condescending comments as my question and response were genuine and open-ended. I am, as I stated before, doing my due diligence in order to understand the legal repercussions (if any) based on the work I am doing.

Thank you for taking your time and responding.

[quincy]

ExpertLaw,

Quick question regarding writing a book.

The book I am writing will be using examples from online web sources. Every example will have a corresponding citation/reference.
My question is: Are there any copyright implications for what I am doing? Is there anything I should be aware of?

I am doing my due diligence to make sure that once my book is published -- whether it be online or physically -- there is no lawsuit thrown my way.

Thanks

Yes, I did seek legal counsel within three hours of posting this and he is based in the West Coast. Not that I need to justify my actions to you, or anyone else.

I am not sure why there needs to be sarcasm or condescending comments as my question and response were genuine and open-ended. I am, as I stated before, doing my due diligence in order to understand the legal repercussions (if any) based on the work I am doing.

Thank you for taking your time and responding.

On what country's West Coast is this attorney based, ap21? Are you in the U.S?

In the U.S., public domain material is free for anyone to use without permission. However, there seems to be a common misunderstanding about what "public domain" material actually is. Public domain material is not material that is available to the public. Public domain material has a specific meaning under copyright laws.

The following material is in the public domain in the U.S.:

Works published before 1923 are in the public domain.
Works published between 1923 and 1963 if the copyrights in the works were not renewed are in the public domain.
Works published before 1978 that did not have proper copyright notices, and the defects were not corrected, are in the public domain.
Works created before 1978 but not published before December 31, 2003, are in the public domain.
Public domain works also include works created by the U.S. federal government.
Public domain works also include works specifically placed in the public domain by the copyright holders (and placing a work in the public domain, again, DOES NOT mean publishing a work online or making the work available to the public).
And, finally, facts and ideas are not copyright-protectable and are in the public domain (but how the facts and ideas are expressed can be copyright protected).

As a note, these are not all hard and fast rules. There are a few exceptions to each that one must be aware of when writing.

Pretty much everything you run across online or elsewhere will be rights-protected and will continue to be rights-protected during your lifetime and mine. Most copyrights last for the life of the authors of the works plus an additional 70 years (although some copyrights last between 95 and 120 years).

Using online resources and citing these resources can generally be a safe thing to do but, when you are using "examples" taken from online sources, you are limited by copyright laws in how much you can use for your examples without infringing. Even using in your own book a little bit of copyrighted material belonging to someone else can result in an infringement lawsuit, if the copyright holder who owns the material objects to your use.

It is always smart, therefore, to acquire permission from a copyright holder to avoid this risk - and this is what the U.S. Copyright Office recommends.

In addition, whenever you write a book, it is smart to have your manuscript reviewed by a publishing law professional prior to publication, for a careful editing of your content. Even then, it is smart to have liability insurance enough to cover any lawsuit that might result despite your best efforts to avoid one. These will be especially important for you if you plan to self-publish instead of having your book published by an established publishing house.

Good luck.