If you want to use copyrighted material in your own published work (whether a print book, magazine, or online venue), then it may be necessary to request formal permission for its use. And whether you really need to request permission depends on whether your use would fall under fair use guidelines.
Determining what’s fair use is a gray area, and depends on your risk tolerance. To eliminate all possible risk, then it’s best to either ask for permission or eliminate use of the copyrighted material in your own work. Here’s a flowchart that can help you evaluate what you might need to ask permission for.
Three important caveats about this chart
- Nothing can stop someone from suing you if you use their copyrighted work in your published work.
- The only way your use of copyright is tested is by way of a lawsuit. That is, there is no general policing of copyright. Therefore, how you handle copyrighted content depends on how risk averse you are. If you decide not to seek permission because you plan to use a fair use argument, be prepared with the best-possible case to defend your use of the copyrighted content in the event that you are sued.
- If you intend to produce material that is accessible worldwide and in digital form (such as content on the internet, ebooks, etc), and if you are using content considered in the public domain in the United States, you should double-check whether the content is also in the public domain in other countries. You can learn more about this issue in The Public Domain by Stephen Fishman.
If you’re concerned about your risk, you can also search for the rights owner’s name and the keyword “lawsuit” or “copyright” to see if they’ve tried to sue anyone. However, just because someone hasn’t sued yet doesn’t mean they won’t sue you.
If you seek permission, you need to identify the rights holder
Once you’ve decided to seek permission, the next task, and one of the most difficult, is identifying who currently holds the copyright or licensing to the work. It will not always be clear who the copyright holder is, or if the work is even under copyright. Here are your starting points.
- First, verify the actual source of the text. Sometimes writers use quotes from Goodreads or other online sources without verifying the accuracy of those quotes. (As someone who is misattributed on Goodreads, I can confirm: people are misattributed all the time.) If you don’t know the source, and you don’t know the length of the source work, and you don’t know if what you are quoting is the “heart” of the work, then you are putting yourself at risk of infringement.
- If you’re seeking permission to quote from a book, look on the copyright page for the rights holder; it’s usually the author. However, assuming the book is currently in print and on sale, normally you contact the publisher for permission. You can also try contacting the author or the author’s literary agent or estate. (Generally, it’s best to go to whomever seems the most accessible and responsive.)
- If the book is out of print (sometimes you can tell because editions are only available for sale from third parties on Amazon), or if the publisher is out of business or otherwise unreachable, you should try to contact the author, assuming they are listed as the rights holder on the copyright page.
- You can also check government records. Most published books, as well as other materials, have been officially registered with the US Copyright Office. Here is an excellent guide from Stanford on how to search the government records.
- For photo or image permissions: Where does the photo appear? If it’s in a newspaper, magazine, or an online publication, you should seek permission from the publication if the photo is taken by one of their staff photographers or otherwise created by staff. If you’ve found the photo online, you need to figure out where it originated from and/or who it’s originally credited to. (Try using Google Image Search.) When in doubt, seek permission from the photographer, keeping in mind that many photographers work through large-scale agencies such as Getty for licensing and permissions. Photo permissions can get complex quickly if they feature models (you may need a model release in addition to permission) or trademarked products. Here is an excellent, in-depth guide if you need it: Can I Use That Image?
Generally, you or your publisher will want nonexclusive world rights to the quoted material. “Nonexclusive” means you’re not preventing the copyright owner from doing whatever they want with the original material; “world rights” means you have the ability to distribute and sell your own work, with the quoted material, anywhere in the world, which is almost always a necessity given the digital world we live in.
Also, permission is generally granted for a specific print run or period of time. For example, if you seek permission for a 5,000-copy print run, you’ll need to secure permission a second time if you go back to press. (And if you publish a second edition, you’ll need to seek permission again.)
If you’re under contract with a publisher
Just about every traditional publisher provides their authors with a permissions form to use for their project (be sure to ask if you haven’t received one!), but if you’re a self-publishing author, or you’re working with a new or inexperienced house, you may need to create your own.
To help you get started, I’ve created a sample permissions letter you can customize; it will be especially helpful if you’re contacting authors or individuals for permission. It will be less necessary if you’re contacting publishers, who often have their own form that you need to sign or complete.
To request permission from a publisher, visit their website and look for the Permissions or Rights department. Here are links to the New York publishers’ rights departments, with instructions on how to request permission.
- Harpercollins permissions information
- Penguin Random House permissions portal
- Macmillan permissions
- Simon & Schuster permissions
- Hachette permissions
Will you be charged?
It’s hard to say, but when I worked at a mid-size publisher, we advised authors to be prepared to pay $1,000–$3,000 for all necessary permissions fees if they were quoting regularly and at length. (Publishers don’t cover permissions fees for authors, except in special cases.) If you’re seeking permission for use that is nonprofit or educational in nature, the fees may be lower or waived.
What if you don’t get a response or the conditions are unreasonable?
That’s unfortunate, but there is little you can do. If you can’t wait to hear back, or if you can’t afford the fees, you should not use the work in your own. However, there is something known as a “good faith search” option. If you’ve gone above and beyond in your efforts to seek permission, but cannot determine the copyright holder, reach the copyright holder, or get a response from a copyright holder (and you have documented it), this will be weighed as part of the penalty for infringement. This is not protection, however, from being sued or being found guilty of infringement.
Sometimes, the best strategy is to avoid seeking permission in the first place. With a little editing or reworking, it may possible for you to abide by fair use guidelines; in such cases, you don’t have to seek permission. Ideas are not protected by copyright, but the expression of those ideas is protected. So, putting something in your own words or paraphrasing is usually okay, as long as it’s not too close to the way the original idea was expressed.
If you need personalized assistance
With more authors publishing independently than ever, this can be a tough issue to navigate without having an experienced editor or agent to guide you. If you need help, I recommend my colleagues at Copy Write Consultants, who have experience in permissions and proper use of citations.
[…] https://janefriedman.com/2014/12/17/sample-permission-letter/ […]
Thank you for explaining this to us. I have been searching, and this is the clearest explanation I have found. I am certainly going to use your sample letter. I’m seeking permission to use a paragraph from a couple of old (1917-1926) newspapers (with credit, of course), and I think I can adapt your letter to my needs. (My middle grade novel is set during World War I.) I hope I get a positive response!
Thank you so much! This is just what I’ve been looking for to get permissions for a memoir that I am self-publushing.
Excellent—good timing then. 🙂
[…] If you need to request permissions from an author or publisher, here are general guidelines, plus a sample letter you can customize. […]
You’ve given us a really fabulous resource, Jane! Thanks for clarifying so much about the permissions process.
Happy to help!
[…] Requesting Permissions + Sample Permissions Letter […]
Jane, this is fantastic information. Thank you!!
[…] When you publish there are many details you need to track, especially if you self-publish. Roz Morris answers the question: should you use the free CreateSpace ISBN or your own ISBN? Sometimes you need to get permission to use lyrics, prose, or poetry from other artists in your work. Jane Friedman explains how to request permission and gives a sample letter. […]
Hi Jane, I have been reading some of your past blogs on this subject–including the comments and replies (your patience seems to know no bounds.) I have a writing blog, and with each post I take a still from a famous movie (ranging from “The Bells” to “Star Wars” to “Pulp fiction”) and add a “funny” tag line. The picture is not relevant to the blog but the tag line I create is. The first question I have to I need permission for the blog? Secondly, I eventual hope to take one group of blogs (Quick 5 point guide to… Read more »
Fair use & permission (as described in this post) apply to movie stills the same as text, and so it’s a significant gray area. Some of that is addressed here: http://www.reelclassics.com/Buy/licensing.htm
I’d be cautious. While I know this kind of activity is prevalent online (especially with memes), it doesn’t mean people are on the right side of copyright law.
Thank you Jane.
Hi Jane thank you for your article. I am currently writing a book so this helps a lot. I have a question however.
The source that I am requesting to use quotes from is non-fiction. If i do not get permissions, Is it possible to summarize the information in my own words instead of using direct quotations and then use a citation. This is sort of a loop hole instead of directly quoting the source.
It is based on the implication that direct quotes are more valuable than citing facts.
James
Hi James, You don’t need permission to paraphrase—but of course you should cite the source.
Thank you, I think you are right but just to be more clear, In my particular case, there is a martial arts sect called Tzu Dawn. Basically 2 students have studied directly with the master and both students wrote their own separate books with their experiences studying the school. I am a fanatic of the art. So my book compiles the information gathered from both of the student’s books in order to further explain my own concepts and ideas within the system, im taking people to the next level. Both of the students books are non-fiction. i think the problem… Read more »
Then I’d ask for permission to be safe.
Hi Jane, do you know if I am allowed to quote people from public interviews in my book?
A person was speaking on a YouTube video free to the public, can i quote them in my book?
I’m afraid there are too many variables in both situations for me to offer a definitive answer. When in doubt, ask permission.
Hi Jane,
We are collecting stories about a certain subject, all from people who have had experiences ranging from humorous to frightening with this subject. We plan to publish the brief (300 words or less) stories without any names, i.e., as anonymous experiences.
Since we are not using names, do we need written permission to publish these stories?
Thank you.
Yes, you should have the people sign a form that gives you permission to use the stories, even if you’re not crediting them. That avoids a lot of misunderstanding and headaches later.
Thank you for taking the time to help us.
Hello Miss Jane, As a middle school English teacher, I am currently working on a project with a 7th-grade student. We are doing a great deal of research in addition to our own “leg work” (interviews, phone calls, etc.). We want to know if we can use quotes from the internet from, say, comments made on a news show by the host. We also want to know if “reviews” or “comments” from writers would also be fair game to use. We have contacted at least one newspaper and one book author and requested use of information, and, after they discovered… Read more »
Hi Larry – I’m afraid I can’t tell from your comment alone whether your use might be fair—each specific quotation would need to be evaluated, its context of use, the source, etc. Some quotations might be fair, others not. More important: Keep in mind I’m not a legal professional, and there are many variables at play. (Plus there’s no way for me to know the full scope of your work or all the work you’re quoting.) Educational use can help your case, but not all educational use is fair use. If you’re using five full paragraphs of a copyrighted work,… Read more »
I have a colossal question, one of utmost importance/personal quest. I am trying (mostly clumsily) to contact/convince an author/creator of a character to utilize his character. What would be the proper way to go about this? I am unsure about requesting use because I don’t really know if I should just offer money up front, or just ask how much? The character hasn’t seen use since 2001 and I do not see the author ever utilizing the character in the near future. How would I go about convincing him? Note, I am not very well off monetarily. Should I send… Read more »
Hi Kaden – There really isn’t any way to convince someone. All you can do is ask for permission in the most respectful way possible, and see how they respond. They’ll let you know next steps, if any. Or you could check Kindle Worlds to see if the author allows for fan fiction through that particular platform.
[…] I’ve written a separate post explaining the process for seeking permissions, with a sample request form. […]
Thank you for this good information, Jane. I am wondering if you have recommendations about the right time to get someone to review one’s manuscript who is a specialist in a field. Do you do that before submitting your work to an agent or editor, or only after someone has accepted it for publication? Do you have suggestions for how such a presentation should go? Thank you so much!
Hi Elizabeth – It can happen either before or after, but typically for traditional publication with a New York house, you should handle such reviews yourself before submitting your work to an agent/editor, and improve the work as needed. (Only submit your best work.) For academic presses, they will typically send your work out for peer review before they accept a work for publication.
I have a question about my dedication page. I would like to use a quote from either Dr. Seuss or J.K. Rowling and I’m not sure if I need to seek permission. It’s the only quote in my book and only on the dedication page and will be properly credited of course. Does this cover the fair use rule?
You should seek legal counsel or, to be safe, avoid using it.
Hi Jane,
I am publishing a book which is a combination of research papers completed during graduate school at Liberty University. The research papers where based upon the a specific subject with the books being the primary supporting resource. Quotes from the same authors but different books where used throughout the manuscript. What is the best way to go about obtaining permission from the authors?
You’ll have to find contact information for each author and ask them for permission via email or their website. If you can’t find them online, you’ll have to write to them through their publisher or agent.
Hey Jane, I give myself permission to quote myself:”Thank you for your Awesomely helpful site. I send a grateful and gi-normous Hug”
[…] Requesting Permissions + Sample Permissions Letter […]
I am currently in the process of writing a book that contains letters that others have written. There will be letters that I have asked of someone to write for the purpose of being in a book. Would I need any type of written permission to be able to publish this work?
You need permission from letter writers in all cases.
I am trying to get permission to use quotes in an art work from a woman who was previously in the public eye (at NASA) and no longer is. I tried to contact her via her company but it is apparently defunct. She also has/had a foundation but the website hasn’t been updated since 2004 leading me to believe this is also defunct. I have no way of knowing how to contact her. I don’t even know if I need permission but I’d rather have it and not need it.
Help!
Hi Jane. I noticed that other people had asked about getting permission from people who submit stories for a book they are going to publish (like Chicken Soup For The Soul). Is there a form that you have that I could use? I would be happy to pay for it. Even a script or service where they can sign a PDF digitally would be great. Thanks. Michael
You could try using this model contract from the SFWA: http://www.sfwa.org/2009/07/model-contract-anthology/
Jane.. Thank you. I’ve read a few of your posts. I’ve enjoyed all of them. Questions / concerns regarding eBooks. ( I hope this isn’t too many questions for one post. ) I know permissions are required to link to a webpage. However, I’m planning on writing a “How To” eBook, to be sold online, for profit. Hypothetical: How to Photography. I write a section on Yousuf Karsh portrait techniques. My information is based on my interpretation ( in my words ) of what I’ve read on his website / various books and my own personal practices. At the end… Read more »
You don’t need permission to link to a website, but I’m afraid I can’t speak to your particular situation without analyzing your work vs. the source. You may be OK, but I just don’t know without seeing the texts in question.
Thank you for the quick response.
If I were to do a rough draft, and you’re going to analyze it. Do I list it here, or should I eMail it?
thanks again.
I’m sorry, John. I don’t do this type of work, either for free or for pay. But here’s someone you could hire: http://kellyfigueroaray.com/
Thanks Jane…
Apprecieate the link.
john
Hi Jane,
I am needing to use a quote by Marianne Williamson as part of the script for a commercial promoting education. What time of rights should I request? A one time right, exclusive, non exclusive… so confused. Thanks!
*what type of rights
It’s a one-time, nonexclusive right.
Hello, thanks for your information. I want to use the name of McGraw-Hill’s reading series for elementary schools to identify some original work that I want to sell on Teachers Pay Teachers. I sent a formal request to their rights dept. and they never responded. Many other sellers on TpT sell their own work but identify it by Wonders so others will know what it supplements. How to get them to respond. Thanks.
I’m afraid there’s no way to force a response.
[…] “Requesting Permissions + Sample Permissions Letter” […]
Wonderful advice. Do you have a similar sample form for unpublished photographers or artists? I often encounter images I’d love to use for a book cover, but don’t know how to reach out, especially if they’ve never sold anything before. My requests seem to unnerve them. I’ve spoken to several authors who routinely ask artists on deviantart if they can use theirs, and receive it free of charge for a simple acknowledgment. Clearly I’m doing something wrong with my approach.
I’m afraid I don’t have a request form specific to your situation, although the same general principles apply. But I’m not surprised that it’s easy to work with people on Deviantart. Individuals posting their artwork online to attract that kind of attention are probably happy when someone reaches out. If you approach artists who are clearly displaying their portfolio online in the hopes of having rights/licensing purchased, it’s usually not hard to get a response – unless you’re asking for free use.
Helen Sedwick has a post that may help you: https://www.thebookdesigner.com/2014/07/do-you-know-who-owns-your-book-cover/
Dear Jane, This is a question about whether when to ask permission. Here’s a bit about my project: I am a visual artist building a book project with several authors. The book will be like an anthology of short writings, each paired with an image of my art. Several authors are writing new stories and poems in response to my art. I also want to include new artworks that I make in response to already published texts. I plan to approach possible publishers in February and March, but I want to complete at least one new artwork in response to… Read more »
Hi Laura: The publishers determine whether or not to extend permission based on a variety of factors, which includes knowing the publisher and print quantity, as well as what rights your publisher needs (what territories it is publishing or distributing in). So you cannot realistically expect to get permission without firm publication details.
I am working on writing a book, I want to interview people about the subject I am writing about, do I need a letter for them to sign giving me permission to print their responses in my book, and if I quote their writings from one of their books, do I need permission for that as well
Yes, you need permission in the first case, and possibly in the second.
This is so so helpful. I did permissions recently for a client with 200 or more images in her book and it can be a huge challenge. My biggest suggestion is that authors should try to limit copyright content as much as possible because it can be very very costly. But if you have to do it, this is a great guide.
Thanks so much, Holly!
[…] you use those song lyrics or novel excerpt in your own book? Jane Friedman discusses the basics of getting permissions for use, plus provides a sample permissions […]
[…] Source: A Basic Guide to Getting Permissions + Sample Permissions Letter […]
Hi Jane
Thank you so much for your wonderful, informative articles. If I want to share the flowchart and info on this, I do not see an option to reblog this? Is it possible for me to post some of the info, especially the flowchart with credit to you and a link to your website?
Yes, you’re welcome to share the flowchart if you link back to this post.
On my upcoming website, I would like to feature the complete inside front jacket blurb of several favorite books. The books would link to Amazon and other booksellers if the user wants to buy. Do I need permission to quote the jacket marketing material? Or must I laboriously write my own blurb version? I do see several commercial sites online (Amazon, Barnes & Noble, etc.) which include such blurbs, which I imagine are direct from the publisher. Do they all get a “blanket” permission to do that? Thanks.
Hi Michael – It shouldn’t be a problem to use that marketing copy—just indicate where it comes from.
That’s awesome to hear, and a big relief! 🙂 Is this because the marketing copy essentially goes by different permission rules (perhaps since it also benefits the source — the publisher — at least indirectly)? Thanks again.
A lot here has to do with expectations and purpose—the expectation is that this is the “official” copy that will be used everywhere to promote the book for sale. It’s for publicity/PR use, same as when someone might use press release language word for word. It’s often a plus to the person who is doing the PR/publicity when you just say exactly what they want you to say. 🙂
Thanks for your insights. I love your blog and read it religiously! 🙂
Hi, Jane,
Thank you for this and all of the great resources you’ve given us. I’m writing a book of cryptograms, using quotations from mystery novels. Each quote will be 1-2 sentences long, and the accurate sources and authors will be included. I don’t think I need permissions to use this material, but I’d like to have your opinion. Thanks.
Hi Ann – It seems like your use would fall under fair use, but understand that while one quote may fall under fair use, another may not. A lot depends on context.
Thanks so much for your reply. Looks like the issue is more complicated than I realized.
[…] https://janefriedman.com/sample-permission-letter/ How to seek permission to include in your work. […]
[…] in your book? It's possible you may need to secure permission to do so. To help you figure this out Jane Friedman and GSF's Kelly Figueroa-Ray developed a great flowchart to help you evaluate what you might need […]
This is exactly what I’m looking for, for quite a few days now. Thank you so much for sharing it to us! This information is really handy in the future.
[…] https://janefriedman.com/sample-permission-letter/ […]
[…] Friedman has published a Basic Guide to Getting Permissions that all authors should keep as a reference. She also explains why you need to get permissions, […]
Wonderful informative article Jane and thanks for the additional info to the various comments. I’d just like to give my experience – when seeking permissions (2011) for my book all were readily given, however in a couple of instances I needed to rewrite without the quoted sections though I offered acknowledgements to the authors which was accepted (as a thank you because researching large quantities of their work helped in providing background for sections of my book). Why didn’t I quote even though I had the author/publisher’s permission? By quoting, my book would not have been permitted for sale in… Read more »
Thanks for sharing your experience!
Hi Jane, great website, I’m in the process of completing my first book and I’m currently seeking permission to use some quotes in my book, if I don’t get the permission I’ll just reduce the amount of quotes and paraphrase some of them. I saw your post from 5 years ago on fair use, and I have a question about it. Basically, if I use many quotes from one author but they’re from different books and different publishers, will the amount matter if it’s from one author? For example if I take quotes for Carl Jung adding up to 50… Read more »
It could matter; one would have to evaluate your quotes, what publications they’re from, and how they’re framed. Unfortunately, I can’t offer a definitive answer for you because every situation is different and requires research to determine the amount of risk involved.
Hi Jane, thanks for the reply, most of the quotes are scientific facts, I think it’ll be fine as facts can’t be copyrighted. And I’m also using them to validate my theories.
Thank you so much for your information. I am in the process of starting my self publishing business as a sole proprietorship. I wonder if I can get permissions for international translation and reprint from the authors and publishers as a sole proprietor publisher. If you have time, please share your opinion. Thank you so much again.
Hi Sofia – in your case, you would be seeking license agreements, not simply permissions. It’s a more complex arrangement that’s outside of the scope of this post.
Hi Jane! Great blog, I just finished my first book and I’m in the process of getting permission for the quotes I’m using, which is a long process, I’ve noticed that getting approval from scientific books tends to be easier than other non-fiction books. The latter is asking for payment for usage and the former tends to be free. The book I’m working on is an eclectic study, I’m merging different fields of study. In order to validate theories, I’m using quotes from professionals from different fields to reveal similarities. If one of the authors’ quotes are removed, it won’t… Read more »
Hi Joe – This is a fairly complex issue, so I would recommend – if you want to reduce your risk – booking a consult with someone who’s familiar with these issues. https://gradstudentfreelancers.com/permissions-consultation/ – it’s an inexpensive way to get some peace of mind.
Hi Jane,
Thanks for the fast reply, do you offer a service where someone just reads the manuscript and lets me know where I stand?
I don’t offer this kind of service, but again, I would check with Grad Student Freelancers. They specialize in this type of work: http://gradstudentfreelancers.com
Thanks Jane. May I share the link to this post in my Friday Roundup this week please?
You’re more than welcome to link to the post. Thank you, Steve.
11/30/2017 I am writing a fictional comedy/play–I live in a gated senior citizen retirement community in Florida. Everyone on the committee, cast or in the audience is basically between 55 and 90. The play will be produced in April 2018 twice–Maximum audience 200 if a sell out. We serve refreshments and after expenses usually net between $400 and $1,000 which is donated to charity. The play I’m writing is about two popular 50/60 TV stars, (Lucy and Ethyl,) and what would happen if they moved to our community. I hope there are no reasons why this cannot be done? Secondly,… Read more »
Hi Judy – I think you should get some legal help on this; it’s too risky to move ahead without counsel given the public nature of what you’re attempting to do. (In short: I’m fairly certain you would need permission for most of this, and it would cost you.)
You can hire Grad Student Freelancers for a consultation if you have absolutely no idea where to find counsel near you: https://gradstudentfreelancers.com/permissions-consultation/
[…] https://www.janefriedman.com/sample-permission-letter/ […]
Thank you for explaining well about permission or consent letter format. But I have query if i want to use online material from the filed of psychology then the same rule will be applicable.
Thanks
Tina
This guide advises writers on work for publication; it doesn’t apply to private correspondence that remains unpublished.
Hi Jane. I’ve just finished co-writing a non-fiction book and am in the process of (hopefully) landing a literary agent. Would you recommend that I wait until landing representation/a publisher before requesting permissions for art and quotes, or should I start the process now? Thanks!
Hi Alfonso, I recommend you wait.
Thanks, Jane!