Legal Question in Intellectual Property in Texas
Using other people's quotes
How does one legally profit off of the use of other people's quotes, like the quotation books available for sale? Specifically, how does one legally use someone's quote on a item for sale? If the person is alive does their permission have to be obtained? What if the person is dead? What if the quote is anonymous?
2 Answers from Attorneys
Re: Using other people's quotes
This is a fact sensitive question and you would need to determine the answer for each person you quote. Let me know if you want my assistance with this; my firm does handle media and entertainment law as well as Internet and other areas.
Re: Using other people's quotes
Short quotes, phrases, slogans and quips are usually not entitled to copyright protection. An excerpt from a copyrighted work may not, subject to fair use, be quoted. As you move along the spectrum from a brief quote to a more substantive passage, you move closer to and over the "infringement threshhold." As David Nance states, it's fact senstive in each case but the foregoing is a decent guide.