Legal Question in Intellectual Property in Florida

Intellectual Property

I was hoping that you could assist me with a question. I have tried to find the answer on the internet and have not been successful.

When an author uses letters, such as in Chicken Soup for the Soul, what is the legal process to do so? For example, if I wanted to write a book about the ''inside story'' of being a network engineer and wanted to use the letters/emails of network engineers from around the world regarding their experience(s), how would I go about it? Would they need to be compensated? What kind of release is needed, if any?

Thank you for your assistance in this matter.


Asked on 6/03/09, 2:16 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

Re: Intellectual Property

People own their works of authorship (in this case, written emails or letters). People can certainly waive or confer their rights for a specific purpose or any general purpose.

I looked up "Chicken Soup for the Soul" on the internet (I admit, I was not familiar with the line of books). Take a look at the website http://www.chickensoup.com/ and the story submission guidelines at http://www.chickensoup.com/cs.asp?cid=guidelines. People voluntarily submit their stories, and if they will later be published, the authors are notified and asked for permission. I think you can use this as a good example.

To do this legally, it really doesn't need to be very complicated, but you should have a lawyer's assistance. You will need some appropriate disclaimers, guidelines, privacy policy, copyright license/assignment/waiver documents.

I would like to make it clear that you cannot just search the internet for previously published stories and then compile them into your own book. If you find something on the internet written by someone else, and you want to use it, you need to contact them directly and ask for their permission. Contrary to some popular opinion, things published on the internet are not free for the taking and copying any more than books in a library are free for the taking and copying.

Please let me know if you would like additional assistance in this matter. I can be reached by email at [email protected]

Best regards,

Sarah

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Answered on 6/06/09, 10:52 am


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