ANOTHER BLURB QUESTION

[donroc]

This is for those published or about to be who have had similar experiences. My ARC is almost ready, and I have two blurbs from best selling authors who read and commented on my novel several years ago when it was manuscript form.

First some background.

One has given me permission.

The second read and edited the first 70 pages of an early draft without my asking, and after I completed the novel thought so highly of it she gave it to her editor who also liked, it but her publisher thought historical fiction was too difficult a sell. After major successes, the author moved to new residences, and I and our mutual friends lost contact with her.

As a courtesy, I have sent three emails requesting permission to her web site, which has a disclaimer that she does not answer all emails, and there have been no responses yet from her, her agent, or her publisher to my publisher's requests for permission.

My take is this. The odds of her objecting should be slim, and even if she would complain for any reason, we could always remove it for the subsequent hard cover release. I would like to have both blurbs on the ARC because some in the industry are followers, and the blurbs may give me an edge obtaining the attention of potential reviewers. -- for more favorable blurbs of course.

Question: Do I need her permission? Is everything she wrote to me my property now to do as I wish with it? In other words, after making many good faith attempts to contact her, do I have a legal right to use her blurb anyway?

[Horseshoes]

I'm not clear on whether or not the writer read the entire ms. You wrote that she read the first 70 and that after you finished she thought highly of it--so did she read it all? I ask because blurbs on partials are a little wonky.

At any rate, you asked permission and it wasn't granted. You wrote that you asked as a courtesy, but what would you have done if she'd responded saying 'no, don't quote me'? You'd have honored her request, eh? Well, that's what's happened so far. And there can be good reasons--busy is at the top of the list. Cannot you leave the blurb gathering to your editor and agent?

The blunt answer to your question, can you quote her, is yes, but your hesitation is well-placed, in that you may not be entirely comfortable without a clear understanidng with the writer in question.

Congratualtions on your work, sale and upcoming release. You've jumped a lot of hurdles. Hang in there.

[johnzakour]

I would not use a blurb from anybody without their expressed consent.

Usually those decisions are left to the publisher.

[donroc]

Horseshoes, thank you. I did write above that she read the complete MS (sevral drafts later) after I completed it and thought so highly of it she gave to het editor etc.

If she responds no, I would not use it of course.

It's a great batch of things she wrote though.

[Gillhoughly]

Email your editor for your book, explain the situation. He or she will certainly have the resources to contact the writer or the writer's agent about this matter.

Your editor will be glad to add another best-selling author's name to the blurbs! If not on the book cover itself, then on the publisher's website.

Good luck!

[donroc]

Thank you. My editor and publisher have been trying as have I. Plenty of good faith trying. Even her husband's best friend has failed to make contact on my behalf. I have been told she has a serious illness going on, which may be the reason.

She is one of the nicest people I have ever met.

[astonwest]

If she responds no, I would not use it of course.In this instance, I would take a lack of response as a "no." People in general don't like their words used without permission expressly given. It's a good way to aggravate someone who may otherwise be perfectly fine with giving you ringing endorsements in the future.

[donroc]

I definitely would not want to offend her. She has reviewed books for the NY Times, and I'd like nothing better than to have her review mine..

[Susan B]

This is for those published or about to be who have had similar experiences. My ARC is almost ready, and I have two blurbs from best selling authors who read and commented on my novel several years ago when it was manuscript form.


Question: Do I need her permission? Is everything she wrote to me my property now to do as I wish with it? In other words, after making many good faith attempts to contact her, do I have a legal right to use her blurb anyway?

First, congratulations on your upcoming book! I am a little behind you in the timeline (just getting set to return the copyedited manuscript) but the subject of blurbs is certainly on my mind.

I can shed a little light on the question of whose "property" those words are, though. My understanding from my editor is that the "permissions" issue is particularly stringent with unpublished as opposed to published writings.
The words belong to the writer--even in the case of a letter sent to you and in your possession.

That's how it came up for me; I had to get written permission to quote from a letter I'd received years ago (from a well known musician) that I wanted to include in my book, a Cajun music memoir. Fortunately, I've maintained contact with him and an e-mail okay was all it took.

But unless there was a written report with a statement that the writer gave permission to quote in reviews (something I noticed my publisher does with "outside readers") then you need to be cautious, I'd say.

Good luck!

[Gillhoughly]

If she has an illness going, then back off and find another writer to give a fresher quote based on what's being published, not what she read a few years back. Don't bother the poor lady.

I put my foot into it last year when I invited a favorite writer to contribute to an anthology I was editing. Later I found out he was in the process of dying. I credit his wife for being a complete class act by sending ignorant me a simple "no thank you" on his behalf.

I still cringe over that one. :(

[donroc]

Good advice.

[job]

My advice --
if this comment was made privately to you, (not published, not posted on a website,) do not use it as a blurb on your cover.

[donroc]

Well, her actions giving it to her editor and trying to get her publisher to green light my novel are more than just a private comment.

The other best selling author also praised it privately to me told me I could use it on the ARC.

I am inclined not to use hers on the ARC without permission, but I wanted to know if her comments belong to me to do as I choose with them LEGALLY.

[job]

Well, her actions giving it to her editor and trying to get her publisher to green light my novel are more than just a private comment.

These actions are encouragement, but they are not permission to use her words.



The other best selling author also praised it privately to me told me I could use it on the ARC..

But that writer's decision is no indication of how any other writer feels. It is not a general permission to use anyone else's words.


I am inclined not to use hers on the ARC without permission, but I wanted to know if her comments belong to me to do as I choose with them LEGALLY.


Writing the words to you does not give you a legal right to use them in any manner you wish. If TS Elliot included one of his poems in a letter to you, you would have legal ownership of the letter, (and could sell it,) but you would not have legal ownership of the words themselves.
The comments this writer made do not 'belong' to you in any sense at all. Their use, especially for commercial purposes, could be a copyright violation.

As to your assumption that the writer wants you to put her words on your cover ...

She might be delighted to walk into a bookshop and find herself endorsing your book.
Or she might not.

I'd be mad as hell, myself, in that situation.

Many writers do not give cover quotes at all.
Some limit their endorsement to one or two, carefully chosen books a year.
Well-known writers, knowing their endorsement is worth sales, are perfectly capable of piping up and offering to give a cover quote. In the absence of such an offer, and where you can't make contact with the writer, it's probably best to avoid even very natural assumptions as to this writer's desire to help you publicize your book.

[David I]

I am inclined not to use hers on the ARC without permission, but I wanted to know if her comments belong to me to do as I choose with them LEGALLY.

And the answer is, LEGALLY, absolutely not. Period.

Under all circumstances other than a contracted piece of work where you have purchased the rights, the writer owns the words. You can't legally publish someone's letters to you, or notes to you, or e-mails to you, without that person's permission.

[donroc]

Then the legal answer is THE answer. We shall wait and see what transpires with her response. I put in my correspondence that I would be mailing her the ARC.

Thank you all.