Legal Question in Intellectual Property in Pennsylvania

Re: Legal issues concerning using famous quotes...

I am actually handling a matter somewhat similar to yours in terms of the legal issue.

I would advise that you seek the advice of counsel regarding whether your use of these quotes is infringing or not. There are several layers of considerations involved -- for example, was the quotation from that famous person based upon a writing or a speech? If a writing (or some other written medium or TV or a movie, etc. -- what is termed as a fixed medium of tangible expression), what was the year of the work from which the quote was taken?

The use of the quote may be infringing or non-infringing. This is a question of law for which you should seek the opinion of an attorney. Even if the use may be infringing, it may be excused if it is considered "fair use" and be the equivalent of a non-infringing use.

If the quotation was old (and not translated), then it could also be that the quotation, if copyrightable subject matter, is no longer protected under the relevant Copyright Act (we had the Copyright Act of 1790, a major revision of the Act in 1831, the Copyright Act of 1909, and now the Copyright Act of 1976).

Another consideration is if the quotation is taken from a non-US work, then that other country's copyright law must be considered.

As a rule of thumb, it is always a good idea to get written permission if there is subject matter you are taking which is protected under copyright.

Note that even a mere line from a work, if it constitutes the heart of the work, may constitute copyright infringement. Again, this is a determination that legal counsel should provide for you.

I can also tell you that giving credit to the owner of the quote and the work from which it is taken will not excuse infringement. Also, "innocent copyright infringement" is not a defense to infringement. The only difference between innocent vs. willful (intentional) infringement is the amount of damages one incurs in an infringement lawsuit.

I need more factual information about where these quotes are coming from, how old the works are, and the like. My contact information should appear below. I am very e-mail accessible. You can also leave me a message at (877)874-5619 (voicemail or FAX) and I can get back to you. I am doing some intellectual property work on a project basis for another firm in Pittsburgh, but I would be available to talk after 5PM if you would like.

I hope this information is useful to give you an understanding of some of the contours of copyright law, as it exists here in the US.

Lee