Legal Question in Intellectual Property in West Virginia

I am writing a book and want to use (with citations) quotes to support my points. The sources include newspapers, journals, books, and Internet pages.

Must written permission be obtained?

Thank you.


Asked on 1/22/10, 8:46 am

1 Answer from Attorneys

Nancy Delain Delain Law Office, PLLC

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Yours is the question of the ages: "What Is Fair Use?"

Whether or not you must get written permission to use the quotes depends on a number of factors, but you can pretty much count on being able to use a small (a couple of sentences) portion of the previously published work without having to get the permission of the rightsholder. If you use a larger portion of the work, especially for the shorter works, you would play it safe by getting the rightsholder's written permission to use the quoted material.

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Answered on 1/29/10, 4:03 pm


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