Legal Question in Intellectual Property in New York

Re: Movie quotes - Intellectual Property?

The copyright law provides the right to exclude others from republishing a work of authorship, or a portion of a work of authorship. However, if the amount of the work copied is so minimal that it wouldn't make sense for the law to provide a right of exclusion, then the copying is deemed a "fair use," which is a defense to being charged with copyright infringement.

A problem is that there isn't a bright-line test whether or not a certain number of words or a certain fraction of the entire work is or isn't a "fair use." Rather each case gets decided on its own facts, based on a variety of factors that have been expressed in court cases that have come before. It would be wise to consult with a lawyer experienced in copyright law to get advice on whether the particular quotations you propose to use would meet the legal test of being a "fair use" of the copyrighted subject matter.

Re: Movie quotes - Intellectual Property?

To add to the previous posting, some movie quotes may touch on the areas of law other than just copyright, such as trademark law and unfair competition law. There has been litigation in the past involving small specialty merchandise manufacturers and Hollywood studios that may provide some guidance here. In any event, a consultation with an IP lawyer is highly recommended as your issue is complex and does not have easy answers.