If I wanted to write a book on social psych issues, and use examples from other books (say Liars Poker, Wolf of Wall Street, etc), can I just cite the paraphrased content and quotes, or do I have to get permission to use the material?
Second, would these authors give permission I'd my book was professional enough?
Or, does it not matter because a famous author / publisher could tie me up in court, preventing me from selling the book even if they had no legal basis for the objection?
Thanks
What is the name of your state, Emmett518, or, if not in the US, what is the name of your country?
The US Copyright Act allows for a person to use portions of the copyrighted works of others without permission from the author of the work, under a doctrine known as the "fair use doctrine," under certain circumstances and if certain conditions are met. Fair use, however, is an affirmative defense to a use of another's copyrighted material and is not permission from the author to use it. Therefore, even if your use appears to qualify as fair use, a copyright holder could still sue you over your use of their material - and you would have to defend your use in court.
In the US, one factor a court looks at in determining whether the use of copyrighted material is a fair use or not is the purpose and character of the use. This includes not only an examination of whether the work is being used for comment or criticism, for news reporting, for an educational purpose, or as part of scholarship or research, but also whether the work is being used for a nonprofit or a commercial purpose.
Another factor looked at by a court will be the nature of the copyrighted work - the new work as well as the work whose material is being used. Using material from educational or informational material (research material), for example, is apt to weigh on the side of fair use whereas using material that is considered entertainment (movies, TV) is apt not to.
Another factor looked at by a court is the amount or substantiality of the copyrighted material used in relation to the work as a whole. A paragraph quoted from a 500 page novel is more apt to weigh on the side of fair use whereas several lines from a short poem or lyric is apt not to.
And a court will also look at what effect a "borrower's" use has on the original work. If it affects the market of or value of the original copyrighted work then that weighs heavily against fair use.
Regardless of your country, it is always smartest to get permissions from the authors whose works you want to use. This is the best way to avoid a lawsuit. It is a risk to attempt to use fair use as a defense in court. You would also be smart to have a publishing law professional personally review your plans for the use of other's material (and how you intend to use it) and then to personally go over with you your manuscript prior to publication. Having insurance enough to cover the costs of a lawsuit should one arise over the content of your book is recommended as well.
Good luck.
