Legal Question in Intellectual Property in Texas

Copyright law

I plan to to assemble a religious quotation

booklet for free distribution taking quotations

from a number of quotation books. These books

are copyrighted. I cannot believe that most of these

quotes are not in the public domain, for example,

quotes by Lincoln, Plato, or Shakespeare. Many of the

quotes are in several different books. How free am I to

use the quotations? What restrictions apply?


Asked on 7/02/04, 3:36 pm

2 Answers from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: Copyright law

A compilation of quotations is copyrightable, while the quotes themselves may not be. The obviously old quotes are in the public domain. Relatively new quotes may be protected. If you have a question as to protection, you can check with the Copyright Office at the Library of Congress.

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Answered on 7/02/04, 5:16 pm
Roger Evans Mathis & Donheiser

Re: Copyright law

The copyright on those books only protects the expression of the idea, not the idea itself. In other words, copyright law does not bar you from using material already in the public domain simply because it is incorporated in a copyrighted work. As long as you do not copy the surrounding material, you are free to use the quotations of those individuals who are long dead. More current quotes, or other material, may or may not be protected and you should seek counsel on whether you are able to use that material without permission, as copyright law changed almost 30 years ago and the duration of protection was amended as well, and issues of renewal of older copyrights, and issues of privacy, trademark, contractual property ownership rights, etc., may also come into play. The fact that you do not intend to charge for the compilation you are making may also have an effect on the scope of what's permissible.

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Answered on 7/02/04, 3:44 pm


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