Sunday, September 16, 2007

Fair Use on Quotes

Recently, I posted a question in a number of forum groups I am a member of to find out what the guidelines (and laws) are when you want to use a quote from someone famous in a book.

I have to say, ask a dozen people for an answer on something, you're likely to get a dozen answers. Some were factual answers, many were subjective.

The following response came from Peter N. Jones. Peter is the director of the Bauu Institute and Press

Here's what he wrote:

It depends on when the quote was said or "fixed in a tangible medium". If it is older than say 1922, the quote is most likely in the public domain and not subject to copyright.

However, if you are quoting a translation, it is the translation date that applied, not when the quote was actually said/fixed. So, quotes from say Cesear are in the public domain, but if the translation of the quote was done after 1922, then it is NOT in the public domain (the translator holds the copyright).

You can get away with using quotes if you follow the "fair use" doctrine, which basically states that if you are using the quote for certain purposes it is ok. Certain quotes from famous people of the 20th century are not in the public domain, despite the fact that the sayer has moved on - in these cases the estate owns the copyright and you must get pemission from them.

One example is Martin Luther King speeches (all of which are now owned by the estate). However, under fair use you can still quote his speeches if you do it right.Here is the fair use doctrine.One of the rights accorded to the owner of copyright is the right to reproduce or to authorize others to reproduce the work in copies or phonorecords.

This right is subject to certain limitations found in sections 107 through 118 of the Copyright Act (title 17, U. S. Code). One of the more important limitations is the doctrine of “fair use.” Although fair use was not mentioned in the previous copyright law, the doctrine has developed through a substantial number of court decisions over the years.

This doctrine has been codified in section 107 of the copyright law.Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;the nature of the copyrighted work;amount and substantiality of the portion used in relation to the copyrighted work as a whole; andthe effect of the use upon the potential market for or value of the copyrighted work.

The distinction between “fair use” and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”Copyright protects the particular way an author has expressed himself; it does not extend to any ideas, systems, or factual information conveyed in the work.

The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of “fair use” would clearly apply to the situation.

The Copyright Office can neither determine if a certain use may be considered “fair” nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

FL-102, Revised July 2006

End of response.

Thank you Peter for such a detailed answer.

Kathleen Gage
The Street Smarts Speaker

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