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Copyright laws: Can I publish a letter that someone else wrote in my book?

Asked almost 3 years ago - Philadelphia, PA

I am writing a book to be considered for publishing. I have a few letters that I would like to include. These letters were not written by me nor to me. However, they were written and submitted FOR MY BOOK.

Can you tell me how I can legally include these in my book?

Thanks!

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Attorney answers (2)

Laura Mcfarland-Taylor

Reputation Level 19

Answered almost 3 years ago. Trademark Application Attorney in Bolingbrook, IL.

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If the letters were written for inclusion in the book, do you have something in writing to that effect? Did the authors acknowledge in writing that the letters would be included in the book? Was any money paid or promised (in the form of royalties and the like) for the letters?

The simplest thing to do is get the authors of the letters to sign a release.

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Andrew Monroe Baer

Reputation Level 9

Answered over 2 years ago. Intellectual Property Law Attorney in Philadelphia, PA.

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I agree with Ms. Mcfarland-Taylor. You should get something in writing from the authors of the letters acknowledging your right to reproduce and publish the letters in your book (and to continue to reproduce, reformat and republish the letters if your book appears in other forms, such as online, in excerpts, etc.) If any payment or royalty was discussed in exchange for the authors granting you these rights, this information should also be recited in the document.

Not sure what the subject matter or content of the letters is, but you should also give some thought to whether the letters contain any damaging or private information about a third party (i.e., someone other than the authors of the letters). If they do, there could be a libel or invasion of privacy claim from the third party, even if the authors did sign the document mentioned above. If the letters were specifically created for inclusion in your book, the risk is probably low, but you should still consider it.

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