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Is it ok to use comments from facebook in my book? Advice needed please.

ginabginab
edited July 2014 in Writing
I am wondering if anyone knows the legal position on this.

I am doing a follow on book/a re-write (the first one was a learning curve and I know can be better so trying to expand it as well as rewrite it to cover more areas) and posted questions on various groups asking if people would be willing to share their experiences of how age affected their illness. Also for their experiences once they had passed through the menopause (ie had things improved or not). I now have a collection of replies and am wondering whether I can include them or not as quotes. Do I have to attribute them to someone, leave them anonymous or change the names?
Are there any legal potholes here?

If anyone know the answer I would be grateful if you could let me know.
Many thanks

Comments

  • CarolCarol
    The main one is do you have their written permission to use their quotes in print?

  • Baggy BooksBaggy Books
    Did you mention you might use them within the original questions?
  • ginabginab
    I think when I posted the original posts I did say if anyone wanted to contact me privately they could rather than post the answers. It was a very general question simply being that I was looking for people experiences for the book. I think I may have to contact them individually and ask for their permission. I presume an email reply is classed as written permission? Or does it need to have a signature? Some have said that they have no problems with them using their replies but I think I had better try and cover myself where possible.
  • ginabginab
    This is what I original posted.

    CALLING ALL GROUPS FOR ME/CHRONIC FATIGUE SYNDROME!
    I am looking for women who are going through or have gone through the menopause while dealing with ME or Chronic Fatigue Syndrome who are willing to contact me re my revision of my book. I am looking for women who are willing to tell me their experience of how their illness has been affected during and after the menopause. I would appreciate it if you could share this post with as many relevant groups as possible. (Names will not be used unless specifically agreed in advance.) Many thanks. Gina
  • LizLiz
    I think that's fine, you've said exactly what you are doing... as long as you don't use real names.

    You could make sure by contacting the Society of Authors.
  • Baggy BooksBaggy Books
    You've made it clear that the comments might be used - they were provided to you on that basis. But don't use their names - as you've said you won't unless by prior agreement.
  • ginabginab
    That's great. My problem is that when I am ill I get this awful brain fog which is so frustrating and I can't seem to comprehend simple things. It makes me want to check and check again because I start to doubt my own brain. lol.

    It is good to have somebody else confirm what I thought. Thanks everyone. :)
  • Mrs BearMrs Bear
    The only thing missing is the statement that you might use the information in a book - it's implied, perhaps, but not stated. You say 'who are willing to contact me re my revision of my book' and 'Names will not be used unless specifically agreed in advance', but not that you would quote them verbatim. Therefore, to be safe, if you are going to use their words, not just the content, you should clear it with them first.
  • danfangodanfango
    I'd suggest you also get some advice regarding the use of material that has appeared on Facebook - their terms and conditions may mean that the copyright for your original post and any replies people have contributed may not be entirely yours.

    It's probably not a problem, but it would be worth checking.
  • Mrs BearMrs Bear
    You're right, danfango - FB claims copyright on everything that appears there.
  • ginabginab
    I had forgotten about that, yes there was a big argument about it a while back. Perhaps I had best just message them all privately and ask them if they would be prepared to re-phrase it in a private message etc. Surely private messages don't belong to Facebook?
  • LizLiz
    No. And neither do Facebook messages - that was not quite right, I recall that much. Because I post poems and was concerned that they might own copyright, but they don't.
  • Baggy BooksBaggy Books
    This might help:

    https://www.facebook.com/legal/terms
  • ginabginab
    Many thanks. I will take a look. I am just heading out to be away for a couple of days so I'll be able to read it all when I get back. :)
  • danfangodanfango
    Looks like the important part of the Facebook terms is this section:

    "For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Facebook (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it."

    As I understand it, that's just ensuring they have the permission they need to show the stuff you post on all your friends' news streams, and to ensure that if somebody clicks 'Share' they don't have to contact you for permission. So it's nowhere near as tricky as I thought it might be.

    As long as you have permission from the contributors to use their responses (and edit them if necessary), you should be fine. Otherwise, you will need to paraphrase them. Don't use anyone's name unless they've specifically agreed to it.
  • MarkHempshellMarkHempshell
    As well as the copyright side, bear in mind there is also the risk of misquoting someone or misrepresenting what they have said (even if accidentally) which could potentially cause more problems.

    I would suggest getting back in touch with your contributors and asking if they would do an interview (by email) for use in the book instead.
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