Copyrights in iBooks

I'm about to publish my first FREE ebook using iBooks Author and I'm not actually the author of the content in it. I've just gathered the information on the Internet, translate it into my native language and combined it into my ebook. Of course I will quote the sources/link (of the original articles) at the end of my ebook. So, it that alright? Or do I have to ask the original author the permission to make my ebook?

No, it is absolutley not OK unless all said work was released to the public domain, something that would be stated explicitly on the web site containing the work. Otherwise, it is almost certainly a copyright violation and hence illegal. Though you should discuss the issue of "fair use" in regards to your intent with an intellectual property attorney for full information on what is and is not allowed under "fair use" guidelines, unless you are making only limited quotes to amplify original points you're making and text you've written yourself, you cannot use another's writing without their express permission. Republishing another's works wholesale is almost always not going to be permitted without written permission from the author, or whoever holds the copyright. A book that is nothing but a republishing of other peoples' work without their permission is going to probably get you at least sued and quite possibly hit with criminal copyright violations.

Second question: Can I use the photos shared on the Internet into my ebook without asking its author the permission? Or I just quote the sources/link and that will be OK?

No, not unless the photo was expressly released to the public domain. If not, then again it is not OK to use those photos in your own work without a license from the copyright owner, whether or not you attribute them.

Last question: I'm NOT about to sell my ebook, it will be completely free, but can I put "Copyright (C) 2012 [my name]" in it?

No. The content isn't yours, you don't own it, so you can't claim copyright on it. It matters not whether you're giving the book away or charging for it.

I think your "book" is going to take you down a bad legal road. Unless you're going to spend a lot of time obtaining permissions to use all this material, I'd suggest you give up the idea and create your own, original work.

Message was edited by: Dave Sawyer

TaiHT,

I commend you for being very courage to be upfront about this. Just what others have said these issues with thoughtful perspective, and some in facts about copyrighted materials.

Now, when you mentioned photos shared on the Internet. I have to say 'be careful." Because most of time, we don't know the original owner of such photo on the Internet. Majority of Internet users usually pass off other photos on the net, then other people on the net continue to pass it off, so on. Viral like cancer. That is one thing about Internet.

As for trying to contact original owner of photo, I wish you lots of success in obtaining the permission and such. For some, be prepared to pay for some photos. As for 'unknown' source of original owner of such photo - it is because it is probably pass off on the Internet.

It is ALWAYS a good idea to look into EACH photo's metadata/EXIF data that is built inside the image file. It should include copyright info, name of photographer or original owner of this/that/the other photo, so on.

In summary, if I were you, I'd make my own eBook with any photos that is VERY original and I *OWN* all of photos - which means I take photos with my own camera. Such original photos constructed and assembled in your own book tells interesting story.

I bid you lots of luck and good luck in securing/contacting/obtaining the permission for EACH photos. Also for any contents copyrighted by such author(s) and group of authors if any. It is time consuming task, if you want to do this venue, then you *MUST* do this. Otherwise, you could get into trouble later on.

In closing, all I can say proceed with caution and follow through all source cited, obtaining ALL permissions (and pay for photos). Not all photos ARE free, just in fact.

Best of luck!

P.S. May I add few things. For each permission obtained FOR EACH photo(s), it is wise for you to have a long list of more detailed infomation on endnote or acknowledgement page or something like that.

I agree with Dave's word. You cannot put copyright info on your book that you don't own all of these photos/content. Extremely cautious!!! If you are not careful, this means legal problem later on.

Additional note:

I have found that, for example, I had posted some of my photos on Facebook (even though I don't post many photos on Facebook). I put all of EXIF metadata with copyright info and everything. After I uploaded few photos on Facebook, I was astounded to learn that Facebook deliberately remove all of EXIF metadata. So, don't be surprised that you probably don't see much of EXIF data on many social media websites. There are well-respected websites such as Getty Images, as an example, Getty Images is among one of respected stockimage agency where it keep all of EXIF metadata in each photo files. Therefore, it is a good idea for you to open image in Lightroom or Aperture app to look into EXIF metadata record. If there isn't any, be doubtful. And be careful!

Again, you MUST have permissions to use anything written by anyone else. That you are translating makes no difference. News reports are a different matter, but even news agencies and publishers have reciprocal agreements to allow them to quote each other's reports verbatim.

You can read up on the concept of "fair use" here, among many other resources.

http://en.wikipedia.org/wiki/Fair_use

but based on what you're explained about your intended use, I don't think anything you plan would fall under "fair use" protections at all. If you aren't going to do your own writing, only quoting exerpts from other sources (with appropriate attributions), then you probably cannot do what you propose.

There's really nothing more we can say. If you still have doubts, consult an attorney who specialized in intellectual property and copyright law.

Regards.

If you just quote an extract of someone else article, it is, in specific cases, ok to do that and to mention the source as well.

But if you want to use more than just an extract, you should ask permission to the author in order to do that.

In the publishing industry (printed or electronic ecc.) this is call 'International Rights'.

With regards to the photos, I suggest you to ask permission to the copyright holder even if you want to use a small part of it.

Hovewer there are photo & article on the net that are of public domain and, if so, it is clearly mentioned on the source page. Only in this case it's fine to use the content, but you still have to mention the source and to do that according to the specific rules that apply to the 'Fair Use of Public Content'.

Becase you want to publish a book I suggest you to get a written permission from each copyright holder (Author) of the content you intend to use.

TaiHT,

First of all, I, for one, whole-heartedly in agreement with Dave Sawyer's latest info regarding obtaining VIRTUALLY ALL of authors' permissions.

It IS, in fact, a mandatory to do so. You mentioned that you tried to contact some authors for some source, I am afraid that you CANNOT use whatever source of information you want to borrow and then translate info in your ebook.

It is BEST thing to do your OWN original ebook, this means your own original photos taken with your camera and writing ORIGINAL content in your project. It is a mandatory to cite all of your work, including photos and content of authors' source in your ebook. Failure to do so, you might lose your own personal creditability, simple as that. It might sound a little harsh, but truth be told at once for all.

Once again, PLEASE respect copyrighted materials including photos and contents of copyrighted content owned by authors (or authors and et al). Trust me, to obtain all permission from ALL authors for their permission will take a long time. Some might chose not to respond. Maybe your email went through junk mail in their email system. You need to follow-through and remain persistence if you want to keep your project going. Just like others had gave you 2 cents of very good, helpful tips/advices and suggestion.

Please understand that copyright materials itself is a very serious matter. I know not many people realize this, but it is very important that you need to understand and know this.

Good luck once again!

Brian

Your contract should explain that if asked by Apple during the submittal process to show right-to-use proof, you are expected to show it.

Adding a copyright to something you did not compose sounds fraudulent. Why would someone do that... If I find out you're using my content, I'll take legal steps against you.

If it's not your content, don't steal it and say it is.

Even if the content (works) is in the public domain. You need to ask (get permission) from who ever put the content (works) together. For example, if someone uses NASA video footage on a DVD. (Most of NASA content is in the public domain.) You can't rip the video footage from the DVD to use in your iBook. And you need to get permission from NASA if the content you use is for sale.

Copyright/public domain content can be very tricky.

On a similar note if I embed a video of kids dancing to the song of a popular musician. Example; I have embedded a video of hundreds of kids hulahooping to the song Moves Like Jagger by Maroon 5 into one of the chapters. Does that make my book illegal?

If you haven't obtained a license to use that track in the video, then yes, it will almost certainly be illegal. Courts have tended to tolerate "casual" or "inadvertent" use of copyrighted music, for instance a track that happens to be playing on your stereo in the background when you post a video of your kid to YouTube, but use in a book you intend to publish will certainly demand a license.

Regards.

Four replies are not in your favor so far....please confirm you're taking the hint, thanks.

I agree with Dave Sawyer 🙂