Quote attribution

[Jubilee32]

I have an image I want to make a poster of, adding a quote from a poem to the bottom. If I cite the author and source do I have to seek written permission? USA

I suspect I would but was just checking

[Karl Johnston]

Good question, no clue though, hope someone comes up with an answer for you...Hikin Mike (http://photography-on-the.net/forum/member.php?u=37016) sells inspirational posters, maybe giving him a PM might get an answer to what he does.

Though I don't know how you would source the bible, come to think of it...so I might be completely off there.

[Hikin Mike]

Good question, no clue though, hope someone comes up with an answer for you...Hikin Mike (http://photography-on-the.net/forum/member.php?u=37016) sells inspirational posters, maybe giving him a PM might get an answer to what he does.

Though I don't know how you would source the bible, come to think of it...so I might be completely off there.

I only use Bible verses, so it's hard to ask for permission to quote something that is from "a long time ago"....you know what I mean! :lol:

[Karl Johnston]

Darn! Oh well :P

[Hikin Mike]

I would think as long as you cite the source, then you should be good. But I'm not a lawyer....

[Hikin Mike]

BTW, thanks for remembering about me. :D

[tim]

I only use Bible verses, so it's hard to ask for permission to quote something that is from "a long time ago"....you know what I mean! :lol:

Pretty sure it's out of copyright, which lasts about 70 years. Think the bible was written in the year zero, or not long after, but i'm not an expert.

[JeffreyG]

Pretty sure it's out of copyright, which lasts about 70 years. Think the bible was written in the year zero, or not long after, but i'm not an expert.

Well, most of the second half was written between 50CE and 120CE.

Works out of copywrite can be quoted, so look for long dead poets.

[Jubilee32]

Thanks, all. It's actually quite easy to ask for permission on Bible verses. It's understanding the answer that can be very difficult.

What I am using is current, though religious in nature. Don't want to get somone down on me in the court system. I guess I will try to get in touch with the person. He might be quite willing . . . I guess that might get into the same "discussion" of someone wanting to use a photo for free, with attribution. Oops! Don't want to get that started here . . .

[RDKirk]

Thanks, all. It's actually quite easy to ask for permission on Bible verses. It's understanding the answer that can be very difficult.

What I am using is current, though religious in nature. Don't want to get somone down on me in the court system. I guess I will try to get in touch with the person. He might be quite willing . . . I guess that might get into the same "discussion" of someone wanting to use a photo for free, with attribution. Oops! Don't want to get that started here . . .

Because your use is not purely editorial, getting permission would be safer (and more ethical). You pretty much want to attribute quotes anyway...people tend to value them more when they know who said them, even if they don't know who the person is.

You're dancing toward the edge of "fair use" in an artistic manner, and many people would say that it is "fair use" because you're using such a small portion of the poet's work. What the US government has to say:


Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

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
4. The effect of the use upon the potential market for, or value of, the copyrighted work

The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.

Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work.

The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of fair use would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered fair nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.

FL-102, Revised May 2009

I think you're safe on three out of four, but who knows how much weight a particular federal judge would give factor number one?

[Jubilee32]

RDKirk, that just about nails it! Thank you, I'll start tracking it down and see what happens.

Thanks for all the comments and suggestions.

[jacuff]

Pretty sure it's out of copyright, which lasts about 70 years. Think the bible was written in the year zero, or not long after, but i'm not an expert.

Actually many versions of the Bible are copyrighted. Most all modern translations such as TNIV, NIV, NASB, NLT, etc have a pretty recent copyright. There is almost always a copyright page that tells you what is allowed and at what point permission needs to be sought. The easy way to avoid that is to use a public domain version such as the King James Version.

However back to the original question. Since your using the quote in a commercial way, the quote will need permission if it isn't public domain.

[asysin2leads]

Actually many versions of the Bible are copyrighted. Most all modern translations such as TNIV, NIV, NASB, NLT, etc have a pretty recent copyright. There is almost always a copyright page that tells you what is allowed and at what point permission needs to be sought. The easy way to avoid that is to use a public domain version such as the King James Version.

However back to the original question. Since your using the quote in a commercial way, the quote will need permission if it isn't public domain.

Jacuff is correct. As far as I know, the KJV is the only public domain version of the Bible. As far as the OP goes, is there a way to "re-write" the phrase to get the sentiment across w/out needed the exact passage?

[Dennis_Hammer]

Just a side note, most things quoted by famous people are not copyrighted. Only things written are usually copyrighted. A speech given by someone is almost never copyrighted, things said in interviews etc etc. Now sometimes posthumuosly (sp??) an estate may copyright a speech or something but for the most part quoting the spoken word is pretty safe.

[RDKirk]

Just a side note, most things quoted by famous people are not copyrighted. Only things written are usually copyrighted. A speech given by someone is almost never copyrighted, things said in interviews etc etc. Now sometimes posthumuosly (sp??) an estate may copyright a speech or something but for the most part quoting the spoken word is pretty safe.

Unless you're talking about a guy standing on a soapbox on the street spouting extemporaneously, that's essentially untrue.

Most speeches are written down, carefully edited, and therefore definitely copyrighted even if it isn't registered with the government. If you ever hear a speech or an interview on television or the radio, the production company will have copyrighted the heck out of what they put on the air because they have taped (created a "tangible product") the discussion and registered the copyright. If you pull a line said by someone interviewed on "Oprah" and insert it into your commercial for dishwashing detergent, Oprah can haul you into court--read the credits following her show.