Intellectual Property Law
Intellectual Property Law Questions? Ask a Lawyer
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
Giving credit for a quote is not copyright infringement. Using the quote from his book could be. It really depends upon the quote, the nature of your book, etc...
Of course if you have permission (which it would certainly be worth it to try to obtain permission first before doing this) then it would not be infringement in the first place.
Here's what the law says regarding fair use: "... the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:
Fair use is a defense to infringement.
So if you have a very short quote, for comment or criticism, etc... then it probably would not be infringement.
Further, short quotes are not copyrightable. The longer the quote, the more it would fall under copyright protection, but again, fair use could come in depending on the nature of your work,
And of course, it depends on whether that author's work is copyrighted. If it was Mark Twain, it would not be, because anything published before 1923 is no longer copyrighted. If after 1923, it's possible that it's not copyrighted.
If the author is still living, however, I would first try to get permission, just to be absolutely safe.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
Did you have any other questions before you rate this answer?
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).