Intellectual Property Law
Ask an Intellectual Property Lawyer. Get an Answer ASAP.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).