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Q&A Do I have to pay royalties if I include excerpts from other works?

You sign a contract with the copyright owner. The contract specifies the arrangement. Permission to use the quote in your work. Permission to use the quote in derivative works (electronic, tran...

posted 5y ago by Cyn‭  ·  last activity 4y ago by System‭

Answer
#4: Attribution notice removed by user avatar System‭ · 2019-12-20T00:40:42Z (over 4 years ago)
Source: https://writers.stackexchange.com/a/44369
License name: CC BY-SA 3.0
License URL: https://creativecommons.org/licenses/by-sa/3.0/
#3: Attribution notice added by user avatar System‭ · 2019-12-08T11:38:12Z (over 4 years ago)
Source: https://writers.stackexchange.com/a/44369
License name: CC BY-SA 3.0
License URL: https://creativecommons.org/licenses/by-sa/3.0/
#2: Initial revision by (deleted user) · 2019-12-08T11:38:12Z (over 4 years ago)
 **You sign a contract with the copyright owner. The contract specifies the arrangement.**

- Permission to use the quote in your work.
- Permission to use the quote in derivative works (electronic, translations, movies, comics, etc).
- Payment.
- Rights/ownership (more relevant for pieces of work you use that have not yet been published, and for art).

When there is a payment involved, it's almost always a one-time thing for the book. There may be renegotiation for derivative works if the contract allows for it.

My spouse has done contracts like this multiple times to use artwork and other materials. In some cases he hired an artist and now owns everything the artist created for him (especially valuable in the case of the artist that suddenly disappeared mid-work and can't be contacted). In other cases he is inserting an excerpt from another creator and has a contact to purchase the piece or the use.

Always always put this stuff in writing. The only person who has contributed to my spouse's work who he does not have a written contract with is me. Maybe that will turn out to be a mistake later on, but there are at least existing laws that protect us both in the case of dispute, separation, or death, since we're legally married.

If your excerpt is essential to your work, get permission early on. If it would be nice to have but you could substitute something else, let your publisher deal with the legalities.

If you self-publish, early is better in many ways, but has the disadvantage of possibly shelling out money for something you never use. If you do get an early contract, make it flexible, in case you end up not publishing what you're working on but want to use the piece in a different work.

But to answer your direct question, no, you would not pay royalties. Unless you or your publisher create a contract that specifically spells that out. Which would be odd, unless the excerpt is substantial.

#1: Imported from external source by user avatar System‭ · 2019-04-04T16:45:39Z (about 5 years ago)
Original score: 9