Legal Question in Intellectual Property in Kentucky
I�m trying to publish my manuscript, Dysfunctional Girl from a Dysfunctional Family. Several letters written to me included in it. My publisher sent me the following message: �written permissions you have obtained from the real-life persons you refer to or describe in your book.�
I�ll ask that person permission to publish letters. Meanwhile, I�d appreciate an explanation. In the manuscript, none of names is real. All letters were written and addressed to me. Do I have to have permission for publishing written to me letters them or not?
1 Answer from Attorneys
Your publisher is afraid that any author of the letter will sue for copyright infringement. The letters are most likely copyrighted (any original work of authorship is protected from the moment the person wrote the letter). Quoting from a letter might be fair use (not infringement), but your comment suggests that the entire letter it to be published. It does not matter whether the real names are given -- the authors' copyrights do not depend on attribution.
In situations like these, you might feel free to publish them, figuring that you know them well enough that they will not object, but your publisher probably has more money than you, more risk than you, and no confidence in your relationship with them. It's easy for publishers to just sit back and say "get their permission first."
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