The Copyright Permission and Libel Handbook: A Step-by-Step Guide for Writers, Editors, and Publishers (Wiley Books for Writers) [Paperback]

Lloyd J. Jassin (Author), Steve C. Schecter (Author)

Book Description

Publication Date: February 1998 | ISBN-10: 0471146544 | ISBN-13: 978-0471146544 | Edition: 1

"A thoughtful, comprehensive, and invaluable guide for writers."--Bernard Lefkowitz, Professor, Columbia University Graduate School of Journalism

"Easy to read and understand . . . should be on every publisher's reference shelf."--Jan Nathan, Executive Director, Publishers Marketing Association

For anyone who has ever faced the confusing web of copyright and libel laws, this practical, problem-solving guide is a godsend. In clear, jargon-free language, legal experts provide the information and techniques you need to prepare a manuscript or multimedia work for publication. You'll learn how to:
* Clear rights for all types of copyrighted materials, including quotations, photographs, fine art, motion picture stills, song lyrics, and more
* Protect yourself against libel suits
* Determine if a work is in the public domain
* Assess if quoting without permission qualifies as fair use
* Locate rights holders
* Negotiate clearances


Includes library of sample forms:
* permission letter
* interview release
* model release
* work-made-for-hire agreement
* copyright assignment
* photograph license

Editorial Reviews

Amazon.com Review

Any writer or editor not concerned about copyright and libel ought to be. While the laws governing copyright are more straightforward than those regarding libel, disregarding either can land a writer or publication in a lot of hot water. Very hot. While the authors of The Copyright Permission and Libel Handbook state outright that their guide should not take the place of an attorney, they explain copyright and libel issues in great detail, so that, at the very least, you'll know when to be on the alert. Copyright is relatively simple. "If you intend to use someone's copyrighted work," say Jassin and Schechter, "unless the use is considered a fair use, you must obtain that person's written permission." Of course, "fair use" gets tricky. One court determined that the Moral Majority's reproduction of a full ad from Hustler magazine was a fair use, while another ruled that The Nation's reproduction of 300 words from President Ford's 20,000-word unpublished memoirs was not.

Libel is more complicated. Each state (and the District of Columbia) has its own libel laws. And, no, fiction is not exempt, even if you've changed the name and hair color of an otherwise identifiable person. "The best defense to libel," say the authors, "is verifiable truth." Included: detailed checklists--concerning fair use, copyright protection, copyright permission, libel, and "media perils" insurance--and sample forms for requesting permissions, obtaining releases, summarizing permissions, and writing libel disclaimers. --Jane Steinberg

From Booklist

This manual allays a fear among publishing, broadcast, and film folk: getting sued. Copyright infringement is a manageable risk, if one understands the fair use doctrine and the procedures for acquiring and buying the right to reproduce material others have created. Both authors are lawyers, with book publishing experience in Jassin's case, which inform their practical tips about permissions. Often one needn't even request permission (advice endorsed by this former permissions clerk, whose favorite office appliance was the "fair use" rubber stamp), because such material can be classified as falling within public domain laws by comparing copyright dates with the two copyright acts (of 1909 and 1976) that govern them. But in doubt one should obtain permission, for which this book provides sample letters and addresses. Libel is a more dangerous animal, as can be attested by anyone threatened with a defamation suit. The authors define the legal nuances of libel and urge using care and caution when writing about public figures--and calling a lawyer when a nasty letter arrives. Gilbert Taylor

See all Editorial Reviews

Product Details

• Paperback: 224 pages
• Publisher: John Wiley & Sons; 1 edition (February 1998)
• Language: English
• ISBN-10: 0471146544
• ISBN-13: 978-0471146544
• Product Dimensions: 9 x 6 x 0.6 inches
• Shipping Weight: 10.9 ounces (View shipping rates and policies)
• Average Customer Review: 4.9 out of 5 stars  See all reviews (8 customer reviews)
• Amazon Best Sellers Rank: #71,757 in Books (See Top 100 in Books)
  • #16 in Books > Law > Intellectual Property > Patent, Trademark & Copyright
  • #75 in Books > Law > Practical Guides

More About the Author

Lloyd Jassin is a publishing and entertainment attorney, and adjunct professor at NYU. As an attorney analyzes, negotiates and drafts entertainment contracts, and consults for other attorneys on IP and business issues. He graduated from Benjamin N. Cardozo Law School, and is a member of the NY and NJ bars. He is on The Beacon Press advisory board, and is counsel to the Independent Book Publishers Association. Contact: [e-mail]. He blogs on publishing law and digital rights issues at www.copylaw.org.

Customer Reviews

Most Helpful Customer Reviews

44 of 50 people found the following review helpful:

5.0 out of 5 stars Most Writers have two Copyright Questions, October 6, 2000

By 

Dan Poynter "Author-Publisher-Speaker" (Santa Barbara, CA United States) - See all my reviews
(VINE VOICE)   

This review is from: The Copyright Permission and Libel Handbook: A Step-by-Step Guide for Writers, Editors, and Publishers (Wiley Books for Writers) (Paperback)

(From my book Successful Nonfiction: Tips and Techniques for Getting Published)

1. How can I guard against others stealing my writing?

Relax. The moment you create a written Work, it is automatically copyrighted under Common Law. Once the book is published, you may send two copies to the Copyright Office with the two-page Form TX and $30 to register or perfect your copyright.

Some (new) authors copyright their manuscript. Later, when they turn it into a book, they print the original copyright date. This makes the book appear to be old, and that hurts sales.

Most authors wait and send the finished book to the Copyright Office for registration....

A registered copyright only gains the author some extra rights. The difference is between copyright and registered copyright, not between not copyrighted and copyrighted. Copyright occurs automatically with creation-when you initially write it.

Publishers rarely steal manuscripts. They are in the publishing business not the writing business. Manuscripts are cheap and publishers do not even have to pay the authors until months after the books are sold. There is little incentive to rip you off.

"The instinct of ownership is fundamental in man's nature." -William James (1842-1910), American philosopher and psychologist.

2. How much may I borrow from others?

Borrow ideas, borrow facts, but do not steal words. Copyright covers the author's presentation or expression-a sequence or pattern of words. It does not protect ideas. If you read and blend the ideas of other authors and put the collective thought into your own words, that is perfectly legal. This is how most nonfiction books are written-from research.

Do not repeat any of the research materials word-for-word. Some of the material is not yours so copying could be plagiarism and you would be guilty of copyright infringement. Adapt the ideas from many sources so that your work is not substantially similar to any of them.

In Feist Publications, Inc. v. Rural Telephone Service Company, Inc., 111 S.Ct. 1282, 1287-88 (1991), the court held that the listings (facts) in a telephone directory were not protected by copyright.

Facts may not be copyrighted either; they are free for anyone to repeat or use in a manuscript.

"Copy from one, it's plagiarism; copy from two, it's research." -Wilson Mizner, screenwriter.

The Copyright Permission and Libel Handbook is divided into two parts: the first covers copyright and the second covers libel (written defamation). For coverage, click on Table of Contents in the left-hand column of this page. The appendix has sample copyright forms, disclaimers and resources.

Lloyd Jassin is a book attorney. Before becoming a lawyer, he was Director of Publicity for Simon & Schuster Reference Group.

Steven Schechter practices media and publishing law and teaches media law topics.

As a publisher and an author of 113 books (including revisions and foreign-language editions) and over 500 magazine articles, I highly recommend this reference to publishers and authors. [e-mail].

9 of 9 people found the following review helpful:

5.0 out of 5 stars Outstanding primer for publishers and writers, July 14, 1999

By 

[e-mail] - See all my reviews

This review is from: The Copyright Permission and Libel Handbook: A Step-by-Step Guide for Writers, Editors, and Publishers (Wiley Books for Writers) (Paperback)

Presents clear, lucid overview of the many trickly and, potentially toublesome, legal issues in using another's copyrighted work. The libel discussion is equally clear and lucid. Quesion and answer format is a plus.Contains no legalize as it written expressly for nonlawyer. Highly recommmended for both publishers and writers.

11 of 12 people found the following review helpful:

5.0 out of 5 stars A bargain--reasonably priced and loaded with relevant info!, March 1, 1998

By A Customer

This review is from: The Copyright Permission and Libel Handbook: A Step-by-Step Guide for Writers, Editors, and Publishers (Wiley Books for Writers) (Paperback)

This handbook provides a comprehensive overview and useful explanations of copyright, fair use, permission releases, and libel. It's well-organized and easy to read. Helpful summary checklists are provided at the end of key chapters. The book is a good resource for authors to have in their reference collections. It's a bargain--reasonably priced and loaded with relevant information.