Using Quotations: When You Need Permission
First of all, here's my disclaimer. I'm not a lawyer. The
following is based on my own research and, as you'll see, every
situation is different. That's why the use of quotes can be
confusing. I do hope, however, that this can help you to make
better decisions when preparing your own manuscripts or other
creative projects.
Quotes are wonderful little things. They can convey a world of
meaning in just a few words. And they're everywhere: books,
greeting cards, on the home pages of websites, in daily emails.
But just because they're everywhere doesn't mean you can plop a
few into your text without asking anyone's permission. Sometimes
you have to, sometimes you don't. Here are a few guidelines to
keep in mind when you're trying to figure out which side you're
on.
1. Has the quote been set down in writing?
If the quote you're using only exists as the words someone has
said, then it's okay to use it. For instance, if you hear Paris
Hilton say something on television such as "That's hot!", you
can use the quote. You should, of course, credit her for saying
it. But if Paris were to write the words down in a book, then
those words are covered by copyright. You would need permission
from her or her publisher to put the quote in your book or on a
card.
2. Is it under copyright or in the public domain?
Copyright isn't always an issue. If the quote is from a work
that is older than seventy-five years old, most likely it is in
the public domain and you won't need permission for it.
Copyright lasts throughout the author's lifetime, plus seventy
years after the author's death.
3. Getting permission.
If you do have to get permission for a quote, start working on
this right away, even if the book isn't done and you're not sure
you're going to use the quote. It can take months to find out
who to ask for permission, and even longer to hear back once
you've sent the request. So give yourself plenty of time. You'll
want to send a letter describing your project and requesting the
right to use the quote. Note: this will only be a one time
right. Getting permission for one project doesn't mean you have
permission to put the quote in other books or other projects.
Unfortunately, there is no one place where you can check to see
who owns the copyright on a work. Not everyone registers their
copyright since copyright is an automatic right, so the
Copyright Office won't always be able to provide the
information. You can start with the obvious: the author's
publisher or literary agent. If you can't find the author that
way, then using search engines on the internet would be your
next resource. Remember to look for possible family members of
the author as well. It's important to find a family member since
the copyright may have passed on to heirs after an author's
death.
Remember to keep good records of everything you do in your
search: sending letters, making phone calls, placing ads. If you
can't contact anyone and you decide to use the quote anyway,
you'll want to be able to show that you made a reasonable effort
to find the owner of the copyright.
4. Exceptions, of course.
Here's where things get murky. Because a quote is so short, it
can also be seen as not being a substantial part of a work and
therefore available for "fair use". However, the term is vague
and there's no clear guideline on what it really covers. So when
in doubt, get permission. The rules seem to be a little
different if the quote you want to use is from a poem or a song.
In those cases I've found that it's recommended you always seek
permission for those works. I'm guessing it's because poems and
songs are much shorter than books, so any quote from them is
using a significant portion of the work.
One last note: don't let seeking permissions distract you from
your writing. Do your research, send out letters if you have to,
and move on. If you don't it's highly likely that the quotes
will only delay your work instead of enhancing it.