Quoting Politicians from Newspaper stories

[vsaint]

I am writing a book for commercial sale but this is my first time doing so and I have questions about Fair Use.

Are quotes politicians have made to news reporters covered under Fair Use for commercial purposes?

If not, how do I find out who is the owner of the quote because often the same quote is used in numerous newspapers due to many reporters being present.

Also, at the beginning of each chapter, I would like to use a quote from a famous person in the past. It seems that if the quote was made prior to 1922, I can use it without an issue.

If after 1922, do I need to actually seek out the owner of the rights to these quotes?

Thank you for the help!
V

 

[quincy]

vsaint, fair use is a tricky area of copyright law, because fair use is only a defense to an infringement suit and not a reason to use or permission to use someone else's copyrighted material. A court determines whether a use is fair or not, this after a user of someone else's copyrighted material is sued for infringement by the copyright holder.

A court bases their decision on whether a use of copyrighted material is a fair use or not on several factors. Commercial use of another's copyrighted material is one factor looked at, and commercial uses are generally less likely to be considered by a court as a fair use of copyrighted material.

Quotes are also tricky. Some quotes can be used without risk of a lawsuit (ones taken from material in the public domain), while others cannot be used safely. Whether a quote can be used can depend on the source of the quote, the individual quoted, the purpose for using the quote. . . .a lot of factors must be considered.

I suggest you use the FreeAdvice "search" feature at the top of the page to locate several other threads that address the use of quotes. Click on the word "search" in the bar, enter "quotes" in the keyword search box, highlight the "Copyrights and Trademarks" bar in the "forum box," then type in the image verification and click enter. Numerous threads on copyright infringement as it applies to the use of quotes will appear for your review.

There is one thread started by member Code123 titled "Quotes" that covers rather extensively the use of quotes when taken from other sources.

If you have additional questions after reviewing the answers provided in the earlier threads, post back.

 

[vsaint]

Quincy,
You sound like a politician yourself! LOL

Bottom line, a congressman makes a quote in front of a bunch of reporters, is it a fair use item for commercial purposes even if you were not present? Is anyone really going to bug you about it?

Bring it,
V

(and thank you)

 

[The Occultist]

What country are you in? This site is for US law only.

 

[quincy]

Ah, yes, The Occulist. Country. That can be a vital piece of information, as copyright laws can vary significantly from one country to the next.

What country are you posting from, vsaint? IF you are in the U.S. (and with your use of "congressman" I am thinking that is the case), then your use of a quote taken from an interview or a news conference where you were not present can be problematic, in more legal ways than just copyright infringement.

First, as I said, fair use is not permission to use another's material, but a defense to the use. I cannot, therefore, tell you what a court would decide.

Is the use of a congressman's quote likely to be found infringing on the rights of whatever publication you purloin it from? Probably not. It depends on the publication and the facts. Exclusive interviews between a congressman and a particular publication could create more problems for you than comments made by a congressman in a press conference.

But it can be dangerous (as outlined in the threads I suggested you review ), to take another's material for use as your own. If you personally hear what was said, then you can verify the accuracy of what was quoted. Many a politician in the past has accused a publication of misquoting what they have said and, without evidence that the quote is accurate, you could be in trouble (less, perhaps, for infringement as for, say, defamation). A defense of "well, such and such a publication said he said that" will not fly very well in court. You hold all responsibility for what you write.

I suggest you review with an attorney in your area exactly what you wish to use in your book in the way of quotes, to see if your particular use is likely to bring any legal action your way. Because lawsuits are expensive to pursue, the odds of you being sued over any use is probably not great, but I cannot say that there is no risk at all.

Bottom line: If you are looking for a definitive answer here, vsaint, you probably won't find it. I am not going to be the one to give it to you, at any rate.

 

[vsaint]

I am in the US. I did not suggest otherwise.

Quincy, thank you for the assistance. I was hoping to not have to spend a ton of money getting a legal brief supporting my use of the quotes since the same quotes are listed in multiple sources. However, it seems that it would be better to be safe than sorry.

Thanks again,
VSaint

 

[quincy]

Having an attorney review the chapter (and the book) would be wise and I recommend it, however if the quotes you intend to use are ones that are widely available and found in several publications already, there is very little risk of any suit arising from the use of them in your book.

But, a review by an attorney probably won't cost you a "ton" of money, it is the best protection you have against a lawsuit, and I imagine your book sales will be substantial enough to make the cost seem inconsequential in the long run.

Good luck, vsaint.

 

[FlyingRon]

I am in the US. I did not suggest otherwise.

You raised the confusion by DELETING the question the forum software inserts asking the name of your state. While this is obviously federal law, the state name disambiguates people talking about other countries and for most sections of the forum, knowing the state is essential.

Since you decided you knew better than the forum rules, we had to ask.

 

[quincy]

Yup, if posters would post the names of their states, and if responders (like me) would remember to LOOK to see if they posted the names of their states o), then all would be right with the world.

 

[vsaint]

Thank you for setting a first time poster straight FlyingRon. I appreciate your heartfelt guidance and candor.

Again Quincy, thank you for the assistance!

 

[quincy]

You're welcome, vsaint. Good luck with your book.