Legal Question in Intellectual Property in California

Utilizing

I am currently writing and self-publishing an ebook that informs consumers how to effectively utilize (popular) websites to maximize on travel savings. For illustrative purposes, I will need to display a ''screen capture'' for each website described in the book.

I believe I need to send each website owner a form letter requesting permission to display the screen capture from their site. I reviewed many similar books that include in the copyright section, ''page 64, screen capture from United dot-com. Used with permission.'' Few books have this printed, while many don't.

I want to protect myself against the big websites suing me for unlawfully publishing their webpages in my book, so can you please tell me:

1. What specific form I should use to obtain permission.

2. Do I have to describe specifically what I am using the screen capture for?

3. Do website owners willingly grant permission? Is there a ''work-around'' if the don't?

4. Additional pertinent advice you can share.

Appreciate your assistance.


Asked on 6/27/07, 2:04 am

1 Answer from Attorneys
Gordon Firemark Law Offices of Gordon P. Firemark

Re: Utilizing

First, just write to ask for permission. Be as specific as you can about what you want. 1 screenshot? more? which screen?, etc. Explain the context in which it will appear, and how you plan to acknowledge the site's generosity. Then, just ASK. If they say yes, they'll probably send you a letter that will suffice... but at that point, you should have a lawyer review everything, just to make sure you're covered.

If a rights-holder says "no", try to find out why, and address their concerns. Negotiators know that "no" is often an opportunity for further discussion.

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Answered on 6/27/07, 12:49 pm


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