I've just finished compiling, editing and setting my deceased father's book from his notes.
It has some period quotes, mostly from The Times newspaper articles and letters to the editor, all partial quotes, as well as some other material fro afew other sources. They are all in the footnotes. They are all incidental to the main work and are mostly for providing context about the period (the '70s)
I need some professional advice about whether I can use them claiming fair use/incidental material, or if I need specific permission
I also need advice as I have siblings and in the (admittedly unlikely) event that it becomes a huge bestseller I need to know where I stand in terms of sharing royalties etc as I've put a huge amount of work into getting it ready for publishing.
I've emailed W&A several times as I can't find anything on this site or in the year book that covers my queries, but had no reply from them, so I thought I try this forum.
I live near bath and bristol but can come to london if there are any specialist solicitors or advisors that anyone out there can pint me towards.
Thanks
Simon Prichard
You need to consult a solicitor who specialises in IP (Intellectual Property) law. I don't know much about it but I know enough to see you definitely need proper professional advice on this matter.
You may not be able to seek publication of this work as it does not sound like you own it. As I understand it, copyright can be inherited, but unless the work has been specifically left to you (and you will need paperwork to back this up) you cannot sell it. Again, you'll do best to consult a solicitor because I may well be wrong about this.
From the sound of it - and I want to make it clear I am NOT a lawyer, this is NOT legal advice - the copyright of the document will have passed to your father's next of kin, which would be his wife if she's still living, or you and your siblings jointly. Assuming the copyright has passed to you and your siblings, you will need the agreement of all parties to do anything with this work. I appreciate the work you have done to compile this book, but unfortunately it wasn't yours to compile. Perhaps when you are drawing up the legal agreement between you about what happens to the royalties your share could reflect this.
As for the question regarding the quotes from The Times - I'm tempted to suggest (if possible) you take them out of the MS and address the question with the publisher should the time come. If you can't take them out because the work is diminished by it, I believe you have your answer as to weather their use falls under the "Fair Deal" rules (known as "Fair Use" in the US), which are judged on a case by case basis.
You may find the government's IP Office website valuable: http://www.ipo.gov.uk/home.htm