Question about copyright infringement in book narrative quotes.
If in writing a book, the author uses quotes from another book in the story, but mentions the other author and book source, is this an infringement of copyright?
Attorney answers (3)
Dana Howard Shultz
Reputation Level 15
Answered over 2 years ago.
Business Attorney in Oakland, CA.
The issue you are raising is whether the quotes would constitute fair use under copyright law. You may find the information at the link below helpful.
Short answer: "It depends" (on the facts of the case). An attorney would need more-complete, more-detailed information to provide a more-useful answer.
Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.
Kaiser Wahab
Reputation Level 14
Answered over 2 years ago.
Business Attorney in New York, NY.
To dispel what appears to be a major misconception about the use of copyrighted work--specifically whether affording credit prevents infringement--giving credit alone to the original author is not in and of itself a defense to infringement. As stated previously, that would be one factor among others (which may stem from the fair use doctrine, if applicable) need to be assessed to determine whether infringement has occurred and, if so, whether a defense exists. More details are necessary about the source material, the use of the source materials (extent, purpose, commercial exploitation, etc.) to determine if this is the case. You may want to look at the recent Harry Potter encyclopedia case for some recent guidance with an analogous set of facts.
I hope this helps.
Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.
Pamela Koslyn
Reputation Level 20
Answered over 2 years ago.
Business Attorney in Los Angeles, CA.
As noted by my colleagues, just because you attribute credit to a source doesn't make you immune from a copyright infringement case, But other factors would help your "fair use" defense. Is your use non-fiction? Educational? Academic? Are you critiquing or commenting or expanding on this other author's work? If so, generally this is considered a "fair use." But if you take someone else's whole work and copy it all, and you're in the same market as the other work, that would probably NOT be fair use.
The 4 "fair use" factors are:
1) the purpose and character of your use
2) the nature of the copyrighted work
3) the amount and substantiality of the portion taken, and
4) the effect of the use on the potential market.
The analysis is fact-specific, so you're best off taking your book to an IP lawyer to have it vetted.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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