Intellectual Property Law

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I am planning on publishing a book with a section of quotes…

I am planning on publishing...
I am planning on publishing a book with a section of quotes from famous people. Some of the quotes are from people now deceased but who died after 1923. It would seem problematic to track down points of contact from the respective estates. If I publish and am challenged, is an acceptable redress to republish with the challenged quote or quotes removed?
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Answered in 2 minutes by:
8/1/2017
Gerald-Esquire
Category: Intellectual Property Law
Satisfied Customers: 4,800
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Ask Your Own Intellectual Property Law Question

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience. I have received scholarship recognition in regard to copyright. I also happen to be a published author. I hope to provide you information that will help you in resolving your question.

If you are using only short quotes and if you are using them in a way to make or highlight a larger point that you are making in your book, then it is very likely that your use is protected under the fair use doctrine of the US Copyright Laws.

Also if you are using the quotes in a way that creates a sort of compendium of the quotes, then again your use is likely covered under the "transformative use" provisions of the fair use doctrine.

The fair use doctrine permits the use without permission of the protected works of another under certain circumstances.

This article describes the fair use doctrine in detail:

http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

There is also the possibility that some of the work that you are using has fallen into public domain. This article lists the critical dates to be aware of in regard to public domain:

http://copyright.cornell.edu/resources/publicdomain.cfm

Public domain notwithstanding, you should be comfortable if your use appears to meet the Fair Use criteria.

I would be pleased to discuss that criteria in more depth if you wish.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

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If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Gerald-Esquire
Category: Intellectual Property Law
Satisfied Customers: 4,800
Experience: Over 30 years of experience
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Customer reply replied 6 months ago
Thank you very much for your prompt response. It was very helpful!

You are very welcome.

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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).

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