Q: Can I use a journalist's name and a letter in my non-fiction book?

A: You may legally include both the journalist's name and the text of your own letter in your non-fiction book's foreword without obtaining explicit permission. The right of publicity laws vary by state, but it is generally uncommon for non-fiction authors to face lawsuits for simply mentioning an individual's name in their work, particularly when it's done in a non-advertising context. Since you're only mentioning the journalist's name once in reference to an article they wrote, this falls within acceptable use.

Regarding the letter itself, you retain the copyright to your own writing. As the author of the letter, you automatically own the copyright to it from the moment you wrote it in 1995. You have the legal right to reproduce your own letter without seeking anyone's permission. The fact that the letter references an article the journalist wrote does not create a copyright issue, as you're not reproducing the journalist's actual work.

For legal protection, consider including a proper copyright page in your book that establishes your ownership. Your copyright page should at minimum contain a copyright notice and a rights reserved notice. You might also want to add a disclaimer that acknowledges your efforts to contact the journalist were unsuccessful, though this is not legally required for the usage you've described.

While your situation appears to be low-risk, remember that copyright law contains many nuances. For complete legal certainty, you may wish to consult with our firm's intellectual property attorney who can review your specific circumstances in greater detail.