Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
In doing research other intellectual lawyers say that "Fair Use" applies to fiction also. One example is, parody which also falls under fair use, and parody is certainly a form of fiction. Are you saying that using forty words from the Maltese Falcon in a 437 page (117,000 word) novel does not fall under the doctrine of Fair Use?
My character is saying a few lines from the book interspersed with other dialogue. If I have him paraphrase and not use verbatim is that okay? An example of his dialogue in reference to buried treasure when asked what is it? He replies, "The stuff that dreams are made of." Should I change that? Make it Dreams are made of that? Seems silly, but I'll do it if you think the Hammet estate will come after me.
Last Question. This is the longest use I have from the book. Let me know if you think I'm okay on this one (in BOLD). Thanks for your advice.
Still in character, James patted the book of his forebear.
“It’s in the book. ‘These are facts, historical facts, not schoolbook history, not Mr. Wells’ history, but history nevertheless.’” James sat back with a look of utter contentment; he crossed his hands over his rotund belly.