Let’s face it, we all love using quotes in our writing. Not only does it save us the trouble of coming up with our own words, but it’s also fun to insert some famous lines, and sometimes there’s just no way to improve on greatness. However, those pesky copyright laws make quoting problematic, and we don’t want to get in trouble for using someone else’s words. So, when is it okay to use quotes in your book?
- When you get permission
Permission is the gold standard. If you get permission from the copyright owner, you have a green light to proceed. However, be aware that getting permission can be tricky – not all copyright owners are easy to track down, and it’s not uncommon to get no response from your request. They may also reject your request, or demand a fee that’s higher than you’re willing or able to pay.
- When the quote is not copyrighted
You can’t have copyright infringement when there’s no copyright. So if the work you’re quoting from is not copyrighted, there’s no issue. In the U.S., anything published before 1930 is in the public domain, meaning the copyright has expired and it’s free for anyone to use. So go ahead and quote Shakespeare in front of every chapter, you won’t get in trouble.
- When the quote is de minimis
If the quote is a tiny fraction of a bigger work, the courts may declare it “de minimis”, meaning it’s such a small piece the use can’t harm the copyright owner, and therefore it’s not infringing. But be aware that your definition of small may not align with the copyright owner’s definition, so it’s a shaky foundation to rest your case on.
- When it’s fair use
Fair use is an exception to copyright infringement rules. The idea is that your use serves a public benefit that outweighs the harm to the copyright owner, so there’s no infringement. But fair use is probably the trickiest of all these options, because there are no hard rules for when something is or is not fair use. There is a test that can serve as a guideline, but the court’s decision is often subjective. So fair use should be a last resort rather than a first option.
As much as we all love quotes, using them is much like walking through a minefield. You’ll need to decide if you want the quote badly enough to make the trek. If you would like help determining how risky it might be to use quotes in your next book, you’re welcome to reach out to me at kaway@kawaylaw.com.
