Re: Using magazine articles

by Ivan Hoffman <ivan(at)ivanhoffman.com>

Date:	Sat, 21 Jul 2001 06:24:05 -0700
To:	"Jonathon Stevens" <jon(at)3spadefx.com>, <hwg-business(at)hwg.org>
References:	holiday
	todo: View Thread, Original

At 11:34 PM 7/20/01 -0400, Jonathon Stevens wrote:

>Second, the author's permission is not what you need to shoot for.  The
>author doesn't own the work, the magazine does.

Not always correct.  It depends on the relationship between author and 
magazine.  Often the magazine is merely a print or other licensee.  What 
you need to obtain is a license from the owner of the rights to grant to 
you including appropriate representations and warranties and indemnities 
from the licensor.

>  If you write 'copy' for a
>client's website, that 'copy' belongs to the company, not to you.

Not always so by any means.  It depends on the relationship again. Without 
a valid written transfer agreement, the creator of any copyrightable work 
owns all rights in it.

>   Fourth, You are allowed to copy a certain
>amount of words without permission as long as you cite the source right
>after or before it.  I don't remember the exact amount off the top of my
>head, but I'm thinking, for a magazine, around 500 words or something close.

Absolutely, totally, completely incorrect.  There is no fixed word limit at 
all.  Read "Fair Use" on my site.  Click on "Articles for Writers and 
Publishers."

IVAN HOFFMAN, B.A., J.D.
Attorney at Law
Lawyering With Integrity
Internet Law, Publishing Law, Copyrights, Trademarks, Corporate Training 
and Online Education Law, Web Design Law, Music Law.  *A 6 Times Award 
Winning Site.* http://www.ivanhoffman.com

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