One of the most common concerns that came up in the survey I sent out to aspiring first-time authors was this: “How do I avoid copyright issues? What is fair use, and how do I know I am not stepping into a legal mess?”

Let me tell you something—these are excellent questions. And you are smart to be asking them before you publish.

With 40 years in the book publishing industry and a Master’s in Publishing Science from Pace University, I have seen firsthand how even seasoned writers can get tripped up by copyright law. It is not always straightforward. But if you grasp the basics, you will protect yourself and your work—and you will sleep a lot better at night.

Today, I want to walk you through what you really need to know about copyright and fair use—no dense legal jargon, no confusing “what-ifs.”

Just clear, actionable advice, straight from someone who is navigated this world for decades.

Let us get started.

What Is Copyright?

At its core, copyright is simple: it is a protection granted to the creator of an original work. As soon as you write your manuscript, snap a photo, compose a song, or create an illustration, you own the copyright to that work. Automatically. No filing needed (although there are reasons you might want to register it, which I will explain later).

Copyright gives you exclusive rights to:

  • Reproduce the work
  • Distribute copies
  • Create derivative works (like sequels, adaptations)
  • Perform or display the work publicly

Basically, you control how your work is used. And no one else can use it—legally—without your permission.

Pretty empowering, right?

But the flip side is just as important: you cannot use someone else’s copyrighted material without permission, either.

And that’s where things start to get tricky.

Common Misunderstandings About Copyright

Over the years, I have heard all kinds of misconceptions from authors. Let us bust a few right now:

  • “If I found it online, it’s free to use.”

No. Just because something is publicly available does not mean it is free of copyright. In fact, nearly everything online is copyrighted.

  • “If I change a few words or tweak it, I’m safe.”

Nope. Minor changes do not negate the original creator’s rights.

  • “If I give credit, I don’t need permission.”

Giving credit (attribution) is good manners—but it does not replace the need for permission.

  • “Old stuff is free to use.”

Maybe. Maybe not. Some older works are in the public domain, but copyright terms can be complicated.

If you take away one thing from this section, let it be this: When in doubt, assume the work is protected.

Fair Use: Your Best Friend (Sometimes)

Now, let us talk about fair use. This is one of the most confusing and misunderstood aspects of copyright law.

Fair use is a doctrine that allows you to use limited portions of copyrighted material without permission in certain circumstances.

But — and this is a big but — fair use is not a free pass.

There are four main factors courts consider when deciding if something qualifies as fair use:

  1. Purpose and character of your use
    • Nonprofit, educational, or critical uses are more likely to be fair.
    • Transformative use (adding new meaning or purpose) weighs in your favor.
  2. Nature of the copyrighted work
    • Using factual or nonfiction material is more likely to be fair than using a fictional work.
  3. Amount and substantiality
    • The less you use, the better. Quoting a few lines? Probably safer. Using the “heart” of the work? Risky.
  4. Effect on the market
    • If your use could harm the original work’s market or sales, fair use is less likely to apply.

Fair use is a defense, not a guarantee.

Meaning: You can still get sued, and you will have to argue that your use was fair. (Expensive, stressful—not what you want!)

Whenever possible, get permission or choose alternatives instead of relying on fair use.

Examples of Fair Use (and What’s NOT Fair Use)

Here are some examples based on real-world publishing experience:

  • Fair Use: Quoting a few sentences from a book in a review or scholarly article, with commentary.
  • NOT Fair Use: Copying entire paragraphs from a book and weaving them into your own book, even if you cite the source.
  • Fair Use: Using a small, non-central excerpt of a famous speech to illustrate a point in your nonfiction book.
  • NOT Fair Use: Printing entire song lyrics or poems without permission, even if you credit the songwriter or poet.

I have had authors think “a few lines” of song lyrics were no big deal. Reality? Music publishers are very protective. You need a license.

Public Domain and Creative Commons: Treasure Troves

The public domain is where works go when they are no longer under copyright. You can use public domain works freely, without asking permission.

Some examples:

  • Anything published in the U.S. before 1929 is safely in the public domain as of 2025.
  • Works explicitly donated to the public domain.

Creative Commons licenses are another great resource. Creators use them to grant specific permissions in advance. But be sure you read the license terms carefully. Some require attribution, some restrict commercial use.

When in doubt, public domain and Creative Commons are your friends.

How to Get Permission (the Right Way)

If you want to use copyrighted material, ask for permission. It is not as scary as it sounds.

Steps:

  1. Identify the copyright holder.
  2. Contact them. (Often through a publisher, agent, or licensing agency.)
  3. Explain exactly what you want to use and how.
  4. Negotiate terms, if necessary.
  5. Get it in writing!

And plan ahead. Permissions can take weeks—sometimes months.

Pro tip: Keep a file of all permission letters and agreements. If questions arise later, you will be covered.

Copyright Registration: Should You Do It?

As I mentioned earlier, copyright protection is automatic. But registering your copyright with the U.S. Copyright Office gives you important benefits:

  • You can sue for infringement (and possibly win statutory damages and attorney fees).
  • You have a public record of your claim.
  • It strengthens your position if disputes arise.

Registration is inexpensive (around $65 online) and can be done at copyright.gov.

If you are publishing a book, registering your copyright is a smart move.

What About Using Images, Charts, and Graphs?

A huge trap for new authors: using images they find online.

  • Google Images is NOT a free resource!
  • Always either: create your own images, use stock photos you have a license for, or use public domain/Creative Commons images.

Same with charts and graphs: if they are someone else’s work, get permission.

Or better yet? Create your own original visuals. It is safer—and usually more impactful anyway.

Plagiarism vs. Copyright Infringement

These terms often get confused.

  • Plagiarism is a moral/ethical offense—passing off someone else’s work as your own, even if it is not protected by copyright.
  • Copyright infringement is a legal violation—using protected work without permission.

Both can seriously damage your reputation as an author.

Avoid them both by being meticulous about sourcing, citing, and creating original content.

Final Words of Wisdom (From Someone Who’s Seen It All)

Authoring a book is a monumental achievement. Protecting yourself legally is part of that process.

Here is my best advice, boiled down:

  • Create as much original content as possible.
  • When you use someone else’s work, get permission unless you are 100% sure you do not need it.
  • Do not assume fair use protects you.
  • Keep good records of permissions and sources.
  • Register your copyright after publication.

I have seen authors have to pulp entire print runs because of one unauthorized quote or image. I have seen lawsuits filed that could have been easily avoided.

The truth is, being cautious about copyright and fair use is not just about staying out of legal trouble—it is about respecting the creative community you are now a part of.

When we honor each other’s work, we strengthen our own.

Congratulations again on your publishing journey—you’re doing it the right way. And if you ever have a question, remember: it is always better to ask than to guess.

Onward!

Don Schmidt is a book publishing professional with 40 years of experience and a Master’s in Publishing Science from Pace University. He blogs at The Book Kahuna Chronicles where he shares advice, insights, and stories from the publishing trenches.

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