Using Quotes For Inspirational Materials?

[krutie]

What is the name of your state? Florida

I would like some advise. I am an artist myself and am trying to develop a line of inspirational materials with my photographs. I have found many beautiful quotes that I would like to use to enhance the images. My question is, Is it illegal for me to use quotes that I find in books or magazines without written permission. The name of the person from whom the quote is taken is listed under the quote in all of the artwork. Does a quote fall under normal copyright law?

 

[JETX]

The doctrine of fair use developed over the years as courts tried to balance the rights of copyright owners with society's interest in allowing copying in certain, limited circumstances. This doctrine has at its core a fundamental belief that not all copying should be banned, particularly in socially important endeavors such as criticism, news reporting, teaching, and research.

Although the doctrine of fair use was originally created by the judiciary, it is now set forth in the Copyright Act. Under the Act, four factors are to be considered in order to determine whether a specific action is to be considered a "fair use." These factors are as follows:
1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

If the use of the quotes was for commercial gain (as in your case), it is likely that a court would find that it would be in violation of copyright protections.