When you get a article or coverage about you in newspapers and magazine, do you have to get or ask permission to use them in your press packet or to quote them? I have about a dozen magazine and newspaper articles about me and I am getting more press in recent months. I use them in my press packet which is good because it sells me and enables me to charge my fees, but do I need to get their permission to use it or will I get in trouble? I've seen numerous entertainers use the articles about them in their press packets without asking permission. I always thought if someone did a public story on you, you can use and quote them on it.

I don't know the legaliies of it -- I'm guessing we have an atorney out there somewhere -- but I have used them for 20 years without asking permission, and I've never had a problem. That's not to suggest it's the "right" way to approach it, but my magician friends and I have all used press coverage this way for years.

Technically, you probably do but I, like Starrpower, have used mine for more than 20 years without permission. One thing you will find is that you can have problems having Kinko's copying them for you. Because they are copyrighted publications, they usually won't do it without a release. The solution is to use the self-service copiers. They don't check what you are copying so it's not a problem. (Ridiculous, isn't it? Actually, it gets them off the hook because they "didn't copy the stories.")

On a related note (and probably more helpful here), has anyone actually gone to the trouble of getting "formal" permission? I mean a written record of some kind so you have proof of permission. I often see "reprinted with permission" at the bottom of things, but I've never known anyone who has actually gotten permission. I do know that there is an accepted journalistic practice of being able to use commentary in abreviated form. Journalists often quote other sources, frequently in op-ed pieces. Movies do it all the time when they print phrases from reviews. How are we different?

My guess is that the paper's main concern wouldn't be that you are using the story as much as they wouldn't want it to appear that they are somehow endorsing you. You'd never know it by reading them, but newspapers have an imaginary belief that they are "unbiased."

What follows is accepted "fair use" policy for educators. I will dig a little deeper to see what I can find as to how this applies to private business. Check number four -- it seems to be pertinent to us:

Fair use explicitly allows use of copyrighted materials for educational purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Rather than listing exact limits of fair use, copyright law provides four standards for determination of the fair use exemption:

1. Purpose of use: Copying and using selected parts of copyrighted works for specific educational purposes qualifies as fair use, especially if the copies are made spontaneously, are used temporarily, and are not part of an anthology.
2. Nature of the work: For copying paragraphs from a copyrighted source, fair use easily applies. For copying a chapter, fair use may be questionable.
3. Proportion/extent of the material used: Duplicating excerpts that are short in relation to the entire copyrighted work or segments that do not reflect the "essence" of the work is usually considered fair use.
4. The effect on marketability: If there will be no reduction in sales because of copying or distribution, the fair use exemption is likely to apply. This is the most important of the four tests for fair use (Princeton University).

Remember that if the story is about you, you have rights too! Most news media don't want to get into a match about that. Plus they love to be quoted!

Once news is announced, print media is usually through with it. They do own their photography. Did you sign a press release? If not, that could be a new set of problems for them. Usually they are very cooperative. They want the news next time too!

Bob Sanders
Magic By Sander

Sorry to disagree - there is no "sign a press release." A press release is material (sometimes even an entire newspaper-style story) pre-written by you as publicity and released (sent) to news outlets in the hope of getting your info published.

The usual practice is that they just don't much care in cases of personal publicity use of a story about you - it would matter more if you were reprinting the story to use in another newspaper or book. Every restaurant you visit that has a review posted in its window knows nothing is gonna happen to them - including the name and date of the newspaper that published the story is both a courtesy to the paper and extra validation for you.

Ross,

We don't disagree. I used the wrong term. You are talking about a publicity package sent to the media (correctly: A Press Release). I am talking about news (not from the publicity submitted) i.e. coverage of a performance. Public performances are not always "public". Ticket sales on private property can really muddy that water. A public show in the public park may be newsworthy. A story about the same show at a sales meeting on private property is an invasion. A model release can be required. Often we get the local paper or TV coverage of a private party for the hospital employees, new real estate licensees, winning horse's owner, etc. You bet, we still love the publicity!

Press kit packages (Press Releases) do indeed assume permission to publish. (They are an invitation to do so!) They also document original source, date and contact person. (There is also a "kill" date at the bottom of a press release. They are not open forever. But no one ever seems to complain.)

Thanks Ross! You caught the professor mis-speaking.

Enjoy!

Bob Sanders
Magic By Sander

You do not need to sign anything. It is public domain. I think you can only get in trouble if you sell it or something.

Newspapers are not public domain. They are protected by the same copyright laws that protect all publications. Where did you get that idea?