Legal Question in Intellectual Property in New York

I want to publish a book containing a collection of quotations by published authors (each set apart on its own separate page) illustrated with original drawings (on the facing page). Would I need permission for use of quotations in that way, or would it constitute copyright infringement?


Asked on 7/29/12, 1:11 pm

1 Answer from Attorneys
Nancy Delain Delain Law Office, PLLC

The short answer is "it depends." (Don't you love lawyers?) Specifically, it depends on WHEN the quotation was written and whether that author, if the quote is from a pre-1976 work, took the necessary steps to protect his/her copyright under what were then the new laws.

Also, depending on the work, the author, the use you're making of it, and several other factors, even if your use does constitute prima facie infringement, you may be able to win a fair-use defense.

If the works from which you take the quotes are covered by copyright, the easiest course to follow is to get the written permission of the copyright holder(s) to use the quotes.

If you are the artist making the original drawings, then obviously copyright rests with you for those. If you're not the artist, you need to secure permission from the copyright holder to use the drawings.

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Answered on 7/31/12, 11:43 am


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