Copyright Law: Using quotes from someone else in your book, blog or website (part 2) 4

When quotes from copyright protected works can be used in other books, blogs or websites without permission of the copyright owner… is a popular topic… lets explore it further.

As I’ve mentioned before that this is a gray area.  Unfortunately, there are no set rules about how much or what percentage of a copyrighted work can be used for free (ie without permission of the copyright owner); however, here is a tip to keep in mind.  The HEART of a work is heavily protected by copyright law.  What does this mean?  This could be a famous and popular refrain that embodies the HEART of a famous speech; This could be 300 words out of an unpublished memoir that reveals the key (or HEART) of the story; This could be an original and unique part of a song or lyrics (ie the HEART of the work).

Courts use a sophisticated, multi-part test to evaluate when a portion of a copyrighted work can be used without permission.  For the rest of us… using common sense is a good place to start.  If you are copying the HEART of someone else’s work to use in your blog, book or website… permission is probably needed.

For more info on this topic see these other two posts:  http://t.co/2rhWznM and http://wp.me/p10nNq-fd AND for more info on PUBLIC DOMAIN works that are FREE to use and quote from —> http://wp.me/p10nNq-ft  and http://wp.me/p10nNq-gn); @iplegalfreebies and www.kasterlegal.com.

BY: Vanessa Kaster, Esq., LL.M.

For personalized legal services you are welcome to contact me at vk@kasterlegal.com

4 comments

  1. I appreciate your uncommon ability to make subtle legal concepts understandable.
    Thank you!
    Willa Waring

  2. thanks for the article,interesting topic.
    is it illegal, to use quotes from a movie-just some lines- in a song?

    regards
    a worried musician 😉

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