Expert: Cathy Clamp - 1/16/2012

Question
I am writing a memoir, and the vast majority of the material in my book will be taken from blog postings I wrote.  The blog was a public blog, but it was not mine - I was a writer for someone else.

I have three questions:
1) The owner of the blog has already said I can use my own writing in my book.  So I'm OK with what *I* wrote.  Is there anything I need to be careful of?
2)Writing of other posters - there were four primary writers on this blog.  What they wrote will be a big part of my book (kind of a Screwtape letters type thing#.  Do I need their permission?  I can probably get it, but don't want three more editors authorizing my book.  is there a way I can include their writing without their approval #like referring to it rather than quoting it, etc.)?
3) Comments - can I use the comments on *my* posts without permission?

Answer
Hi, Mike!

1.  When you say "the owner of the blog" do you mean the person who runs the blog, or the person who actually owns the site? I ask, because public blogs like LiveJournal and Blogger have rules separate from the person who subscribes. If it's a private, hosted forum or blog, though, the owner's permission might be enough. If it's a public blog, then get thee to the Terms and Conditions page of the site to make sure you haven't already signed away your rights to the posts by putting them on the site. It might well be that you'll have to unload them from the site in order to use them for profit.

2.  Yes, you will need the permission of any other bloggers if you intend to use any of their content. No, there's not really any way around it. Just like your writing is protected by copyright, so is theirs. Again, when it's a for-free blog, no big deal. The moment you want to write a book FOR PROFIT, there's where the bright line is for getting permissions.

3.  Again, no. No comments without permission. Writing is protected. Even on a public forum.

If much of your memoir is based on the issues on this blog, you really need to spend some time with an intellectual property (copyright) attorney to determine what needs to be done. To approach a publisher, you need to be able to certify that the writing you give them is both yours, and original. What will be the benefit to a publisher if they're selling something that can be had for free? The blog is platform, if it's widely read, but the publisher will expect content different from what you've already posted--similar but not the same.

Spend some time over at the U.S. Copyright office's website to learn more about what copyright protects, and who:  http://www.copyright.gov/help/faq

Good luck!

Cathy