Legal Question in Intellectual Property in Indiana
Use of quotations on a webpage
I would like to use selected quotations (varying in length from 1 sentence to 1 paragraph) as part of lecture materials available on a website. The quotes are from books that are not public domain, and they will be properly cited. The lectures will be posted with a Creative Commons License. Do I need to request permission to use the quotations?
1 Answer from Attorneys
Re: Use of quotations on a webpage
You're using someone else's copyrighted work, so your instincts are correct to request permission. It's always better to err against infringement. However, depending on your specific circumstances, your use may be considered "fair use," in which case you would not be required to request permission in order to avoid infringing.
Quick explanation: One of the rights accorded to copyright owner is the right to reproduce or to authorize others to reproduce the work in copies. This right is subject to certain limitations found in the Copyright Act. One of the more important limitations is the doctrine of �fair use" in Section 107, which contains a list of the various purposes for which the reproduction of a particular work may be considered �fair,� such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work
The distinction between �fair use� and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. *NOTE* that acknowledging the source of the copyrighted material does not substitute for obtaining permission.
Depending on your circumstances, you may want to have someone familiar with copyright law look at the selected quotes and help you make that analysis. It sounds like your situation might qualify for "fair use," but it's not possible to advise further without more details.
Hope this helps.