Forums: Discussions for entrepreneurs and small business.

It is, or at least should be, common knowledge that you cannot take a previously written book, place a new cover on it, and resell it as your own. There are topics such as… hmmm. “How To Brush Your Teeth,” that have been written hundreds of times, but they all say the same thing. If someone were to be writing a book about How To Maintain Good Hygiene, it might be a great idea to have the basic instructions (or maybe even full and complete) found in the hygiene book. As a writer/compiler I might want to chop up the original “How To Brush Your Teeth” book or article to fit the theme or destination of my How To Maintain Good Hygiene book.

Here’s my question. If I use previously written works within my new book, how do I do it legally? If I cannot contact the original writer, is it still possible to use the original wording? Do I need permission or is a mention in the book’s entirety sufficient?

What does copyright law have to say about this? What`s the standard in the writing industry. One someone writes a five step process on brushing your teeth, are you unable to write another five step process sharing the same key points?



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Vincent Wilcox (a.k.a. KRAKR)
Drummer
My band: Letters Make Words

I don`t see anything wrong with borrowing articles and such but I usually ask permission first and I definitely give credit to the author.

If I don`t hear back from the author, I`ll make reference to the article and just post a link to it.

 

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I think the issue in a "how to" book is more about credibility than plagiarism. What are the references, and do they point to the original material.

If you can`t contact the original author, you would at least cite the original work and author. If none such exists, then although you`ve made something similar, it`s not a copy. I`m not a lawyer, but I use these guidelines myself.

If you`re quoting directly, then I believe (don`t know) you have to get permission from the original author. And you have to indicate it`s a quote, and provide the author`s name.

On the other hand, a historical quote has more latitude. So if I quote Mark Twain, I think...don`t know...that it`s more a matter of courtesy to cite Twain as the author.

Another guideline I use is that of attempting to "pass off" something as original. In other words, if I copy someone else`s stuff but either imply or overtly say that I created that stuff myself, that`s the true meaning of plagiarization, I think.

The issue comes down to whether or not you`re providing instructional information, expert knowledge, or if you`re just writing stuff on an editorial or fictional basis, I think.

Copyright law protects expression, not facts. 

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

If you are using the original wording from the earlier copyrighted work, copyright law requires that you receive express written permission from the copyright holder to reprint the material.  Mere mention of the copyright holder will not suffice.

If you have trouble finding the copyright holder, the U.S. Copyright Office can assist.  For registrations after 1978, you can search the Copyright Office`s database online for free at www.copyright.gov.  A search of registrations, renewals, and recorded transfers of ownership made before 1978 requires a manual search of the Office`s files. Upon request, the Office will search its records at the statutory rate of $150 for each hour. There is no fee if you conduct a search in person at the Copyright Office. For further information, see Circular 22, How to Investigate the Copyright Status of a Work, and Circular 23, Copyright Card Catalog and the Online File.

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Pepper Law Group, LLC
21 E. High Street, Suite D
Somerville, NJ 08876
informationlaw.com
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The Legal Considerations of Starting an Online Business

patentandtrademark... That`s an interesting way to understand it... Expression not fact.

I`m still reading the posts if anyone has additional comments to add. To be truthful, this is more of a question or debate we have been tossing around here. The Blog hype has really placed a lot of pressure on these types of laws. I am sure some changes to copyright law (possibly strengthening them) will take place due to the activities of the internet.


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Vincent Wilcox (a.k.a. KRAKR)
Drummer
My band: Letters Make Words

The internet makes it very easy to copy pretty much anything these days.  While attributing the source may keep you out of trouble in high school, it won`t keep you out of court.  Plagiarism and copyright violation are related, but not the same standards.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com

Here`s another great forum resource specifically for intellectual property. 

http://www.intelproplaw.com/Forum/Forum.cgi

It`s geared towards IP

One of the best explanations of "the legal system and laws" I ever heard came from a talk show host whose original career was corporate law. She said that the law states the *minumum* standard of behavior in a society.

We also hear about "the letter of the law," versus "the intent of the law."

I think the intent of the copyright laws is to say that an individual owns the fruits of their own mind. That means they get to choose whether or not what they create out of their mind can be used by anyone else.

So it comes down to the courtesy (which the law then helps enforce or not) of giving the owner a choice. When courtesy disappears, the law provides force. And I tend to agree with Ayn Rand that force is the last result of incompetence.

Nobody in today`s world is easily going to be able to patrol something like the Internet, to ensure that what they`ve created remains pure and attributed. So if you are someone creating something, you have the option of putting out in public and dealing with copyright law, or keeping it in your own diary.

James (PatentandTrademark) has been a strong educator in the concept that the law first requires that something be enforceable. The implication is that something also must come to the attention of whomever does the enforcing.

Since no single body can be fully aware of everything ever written, anywhere, in all media, we come back to courtesy and individual morality and ethics.

Especially when considering the cost [both in time and dollars] of enforcement, the law as "brute-force" will never be able to completely regulate intellectual property.  Culture [for lack of a better term] and a general respect for property is key in our system.  For example, there is just not enough money to prosecute every single college student that downloads something without permission.

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James Lindon, Ph.D. Patent Attorney
Lindon & Lindon, LLC
Cleveland, Ohio
Patents, Trademarks, Copyrights, Pharmacy Law, Litigation
[this is not legal advice - provided for discussion only]
Intellectual Property for the Individual and Small Business: Identify, Protect, Enforce, Defend.
"Fools rush in where angels fear to tread."
http://www.LindonLaw.com