I have a copyright question.

[SqueekSSqueekS]

I don't know if this is the right place but.....

I was adopted when I was three. My birth mother wrote me a letter-actually several letters- when I was 18. I wanted to use them- or pieces of them- in a book I am writing. Would I run into a copyright issue? Would I have to get her permission to use the excerpts? And if so, would I have to pay her a percentage of the sales - if, God willing, the books do sell? And vice versa, I wrote her one letter back and I'd like to use pieces of it in the book as well- assuming she still has it. Would I run into the same copyright issue. Or is it mine because she gave it to me? And is my letter hers because I gave it to her?

I can pretty much sum up what the letters said, and I could absolutely make something up and use the letters as a base foundation, but I was thinking artistically-and it would look more personal- if I used the original handwriting- like scan it in to the book.

I can do without this part, it was just an idea.

 

[TheBlueBlurr]

She wrote the letters so I'm sure it all belongs to her.

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

http://www.copyright.gov/help/faq/faq-general.html#what

 

[Aibrean]

You aren't required to give her a percentage of the sales unless she expresses she wants it when/if she gives you permission.

But yes, she owns her own literary works.

 

[Alphadux]

I'm not really sure, but it doesn't seem like it would be that much different than quoting something and citing it. There might be a percentage limitation though which would keep you from using the works in their entirety.

 

[Billnew]

The author is your birth mother.
You could easily quote from them, but I am not sure how
much can be used.
Who ever publishes your work, might be able to tell better then us.

If possible, I feel the writer should be asked if the use was acceptable in the media and form you intend.

Not only monetary consideration, but I bet these letters were from the heart and share the emotional turmoil she was going through when she wrote them. Publishing for the world to see, might expose the personal side that she might not be comfortable with. That is why I urge you to attempt to clear this with the letter writer.

We are assuming the letters were positive and that you are writing a positive book. I don't know how to advise if they are negitive. If she wrote a hateful letter and you are writing to warn others of this possibility, I believe the abusive letter(s) should be included, but what legal action must be taken to prevent her from getting money from your book sales, I have no idea.

Not suggesting this is the case, just trying to look at things from all angles.

 

[AdamKane]

They're letters. Letters of this kind don't usually carry a copyright.
Unless they have copyright notices on them like: "Copyright 2010 Your Mother", don't worry about it. In order to get a copyright, someone has to file for one. Sites like this one: U.S. Copyright Office - Forms are places where people get copyrights. Although since those letters were from your mom to you, it might upset her if you use them in a book. She may well want to keep their content between the two of you.

 

[Aibrean]

They're letters. Letters of this kind don't usually carry a copyright.
Unless they have copyright notices on them like: "Copyright 2010 Your Mother", don't worry about it. In order to get a copyright, someone has to file for one. Sites like this one: U.S. Copyright Office - Forms are places where people get copyrights. Although since those letters were from your mom to you, it might upset her if you use them in a book. She may well want to keep their content between the two of you.

That isn't true. This would function as a literary work and any kind of copyrightable work is copyrighted the minute it is created. The Copyright Office is where you REGISTER the copyright. It brings also additional monetary protection (you can sue).

 

[Billnew]

They're letters. Letters of this kind don't usually carry a copyright.
Unless they have copyright notices on them like: "Copyright 2010 Your Mother", don't worry about it. In order to get a copyright, someone has to file for one. Sites like this one: U.S. Copyright Office - Forms are places where people get copyrights. Although since those letters were from your mom to you, it might upset her if you use them in a book. She may well want to keep their content between the two of you.

You are correct that you can register copyright with the goverment,
but just because the goverment is not involved does not mean the literature is without copyright.
If you mail yourself a document, the post office stamps the document with the date it was mailed, this is a copyright technique.
When you post on a sight, like this or art websights, the date of the post dates the work, and thus proves you posted the piece on the date it was posted.
Anything written is the work of the writer, even if not registered with any goverment. It is easier to press the point if you register copyright with the goverment, but it is not the only way.
Something written is not public domain just because the writer didn't file for copyright with the goverment.

 

[Aibrean]

^ sending a post-dated letter will not stand up in court if you want to get monetary compensation. It's called a poor man's copyright.

http://www.plagiarismtoday.com/2006/08/25/the-myth-of-poor-mans-copyright/

 

[Billnew]

The poorman's copyright, their discription is probably what most people believe.
But the one I heard was you fold the paper and stamp it and mail it to yourself, the postmark is directly on your work.
It does still have the weakness of not proving the page was not blank when mailed though.

Is the cost to copyright $35 for electronic filing, and $50 for paper?
Because there is a whole lot of services listed, some costing up to $760.

Not something you can do with every potential profitable document.

 

[Aibrean]

No case has ever been won by using "poor man's copyright".

It's $35 to file a work (and it can be collective).

I doubt you could prove that the letters were written by you, in your own hand and she didn't send you a certificate of transfer for her copyrights. You can get into major trouble if you copyright (as well as trademark) something you have no legal right to.


Take a painting for instance. Just because you have the painting, doesn't mean you "own" the copyright to it and can make prints and sell them.

 

[Billnew]

You seem more informed on the subject,
has there been any ruling on internet publishing, like something posted here, or other art websights.
Does publishing online give any protection to artists rights, and keeping someone from profiting on posted work?