Do You Need Permission to Use That? A Guide to Copyright, Fair Use, and Permissions for Authors

Writing a book often involves weaving in powerful quotes, meaningful song lyrics, insightful excerpts from other works—or even telling stories about real people. But when do you need permission to include someone else's content or mention their name or experiences? Understanding copyright law, fair use, privacy rights, and the permissions process is essential for every author. Let’s break it down.

An author reflects on her life story—carefully navigating copyright laws and securing permissions to protect her work and her voice.

📚 What Is Copyright?

Copyright is a legal protection automatically granted to the creators of original works, including text, art, music, and other media. If you quote or reuse someone else’s work—whether it’s a few lines from a novel or a verse from a song—you’re likely using something protected by copyright.

You must respect the original creator’s rights, or you could face legal consequences and publishing delays.

✅ When Do You Need Permission?

You generally need written permission to use the following in your book:

• More than a few lines of a poem, song lyric, script, or book

• Photos, charts, or artwork not created by you

• Excerpts from books, articles, or blogs

• Emails, letters, or personal messages written by someone else

• Stories or interviews involving real people who are identifiable and may have a reasonable expectation of privacy

Even if you give credit, that doesn’t exempt you from needing permission.

👥 What About Real People?

If your book includes real individuals, whether through storytelling, interviews, or memoir, you may also need their written consent, especially if:

• They are not public figures

• The portrayal could be considered negative or sensitive

• You include private information (health issues, family matters, criminal history)

• They haven’t already made that information public

In nonfiction or memoir, this falls under privacy law and defamation law. Saying something that harms someone's reputation—even if true—could lead to legal consequences. A signed release form can protect you.

Public figures (celebrities, politicians, etc.) have less protection, but you still can’t publish knowingly false or damaging information about them.

🤔 When You Don’t Need Permission

There are several key exceptions:

1. Fair Use

Fair use is a legal doctrine that allows limited use of copyrighted material without permission for purposes like:

• Commentary or criticism

• Educational use

• Parody

• News reporting

Examples:

• Quoting a line from a book for a review

• Summarizing a research article

• Quoting a few words from a public speech for discussion

Fair use depends on:

• Purpose (commercial or educational?)

• Amount used (how much and how significant?)

• Nature of the original work

• Effect on the market value of the original

Important: Fair use is subjective—only a court can make the final call.

2. Public Domain

No permission is needed for works in the public domain, including:

• Anything published before 1929 (as of 2025, in the U.S.)

• Some government works

• Works whose copyright has expired or been waived

3. Your Own Content

If you created it or received written consent (e.g., from an interviewee), you can use it freely. Always keep consent forms and emails for your records.

📝 How to Get Permissions

If you need permission, follow these steps:

1. Identify the Rights Holder - This could be the author, publisher, estate, or licensing agency. Use copyright databases or check the credits page of the work.
   

2. Make a Formal Request - Your request should include:

   • The specific content you want to use

   • How much of it you’ll use

   • Where it will appear (print, ebook, audiobook)

   • Estimated number of copies

   • Your contact info
     

3. Negotiate Terms or Pay a Fee - Some rights holders may ask for a licensing fee or limit how the content can be used.
   

4. Document Everything - Save all written responses. If permission is granted verbally, follow up with an email for confirmation.
   

⚠️ What If You Skip Permissions?

If you include copyrighted or private material without permission, you could face:

• Takedowns or distribution blocks (from Amazon KDP, IngramSpark, etc.)

• Legal threats or lawsuits

• Damage to your professional reputation

Even one small oversight—like including a few lines of song lyrics—can result in major delays or costs.

🛡️ Protect Yourself: Best Practices

• Always credit your sources, even if you believe permission isn’t needed.

• Use release forms when writing about real people.

• Avoid lyrics and copyrighted poetry unless you have permission.

• Consider paraphrasing or summarizing when quotes are risky.

• When in doubt—get legal advice or work with a publishing consultant.

👩‍💼 Need Help Navigating Permissions?

At Clipston Publishing, we guide authors through every stage of the publishing process—including securing permissions. Whether you’re working on a memoir, nonfiction book, or illustrated guide, we help you stay legally protected so you can focus on telling your story.

Contact us today for a permissions checklist, template letters, or a one-on-one consultation.