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Quotes are wonderful little things. They can convey a world of meaning in just a few words. And theyre everywhere: books, greeting cards, on the home pages of websites, in daily emails. But just because theyre everywhere doesnt mean you can plop a few into your text without asking anyones permission. Sometimes you have to, sometimes you dont. Here are a few guidelines to keep in mind when youre trying to figure out which side youre on. 1. Has the quote been set down in writing? If the quote youre using only exists as the words someone has said, then its okay to use it. For instance, if you hear Paris Hilton say something on television such as Thats 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 isnt 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 wont need permission for it. Copyright lasts throughout the authors lifetime, plus seventy years after the authors death. 3. Getting permission. If you do have to get permission for a quote, start working on this right away, even if the book isnt done and youre not sure youre going to use the quote. It can take months to find out who to ask for permission, and even longer to hear back once youve sent the request. So give yourself plenty of time. Youll 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 doesnt 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 wont always be able to provide the information. You can start with the obvious: the authors publisher or literary agent. If you cant 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. Its important to find a family member since the copyright may have passed on to heirs after an authors death. Remember to keep good records of everything you do in your search: sending letters, making phone calls, placing ads. If you cant contact anyone and you decide to use the quote anyway, youll want to be able to show that you made a reasonable effort to find the owner of the copyright. 4. Exceptions, of course. Heres 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 theres 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 Ive found that its recommended you always seek permission for those works. Im guessing its 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: dont let seeking permissions distract you from your writing. Do your research, send out letters if you have to, and move on. If you dont its highly likely that the quotes will only delay your work instead of enhancing it. 2006 Sophfronia Scott |
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