question on using quotes

First, I did read a few copyright laws and found an old thread here about this, each with some information, though I'm not sure it directly pertained.

Are you allowed to use someone's quote in an image / product you are selling. I read here about ppl putting them in photo books. I'm not sure if copyright law would apply as it is not necessarily a written quote.

Say you want to use a quote from a speech, or something like that, on motivational fitness product or something similar. Is all ok as long as you cite who said it?

Are you asking how to use a quote from a speech to promote a fitness product?

No I was giving an example in order to ask a question as to whether or not there was any issue with using someone's quote as long as you cited them correctly.

Another example might be using a motivational quote someone said in a motivational speech with my picture of a mountain or something of that nature.... and then selling the picture with the quote on it.

Are you asking whether the spoken word is free of copyright, unlike the written word?

Yes, I read some things that said it was unclear and I wondered if anyone here had any better knowledge.

I think there is a question about that.

Only a work that is in fixed form can be copyrighted. Note that copyright is in effect the moment the work enters a fixed form--it does not have to be registered. If a speaker records his own speech, those words are copyrighted...that's clear. If the speaker even so much as jotted down a fairly comprehensive set of talking points, that will copyright his speech. Or if a street performer has written down any notes about his intended performance--that copyrights the performance.

The question I have: What if someone else does the "fixing?" Say, someone was pontificating aimlessly on a street corner soap box and someone else recorded it. Or someone videos a street mime doing total improv. Neither of those performances is copyrighted merely by virtue of being performed--the law has been made clear on that. But who owns the copyright on the fixed work that was created by someone else? I don't know...I suspect the person who did the recording owns the copyright.

That does not, of course, mean that the recording can be for commercial purposes regardless who owns the copyright.

RDKirk wrote in post #15753312
The question I have: What if someone else does the "fixing?" Say, someone was pontificating aimlessly on a street corner soap box and someone else recorded it. Or someone videos a street mime doing total improv. Neither of those performances is copyrighted merely by virtue of being performed--the law has been made clear on that. But who owns the copyright on the fixed work that was created by someone else? I don't know...I suspect the person who did the recording owns the copyright.

Seems to me, under this circumstance, the person who did the recording would only own copyright on his recording, not on the performance he recorded.

That's what else I was going to ask, b/c it got me thinking about "interviews" and "podcasts", etc etc.
what I read online said it was based on a few things such as how much the quote added to the value of the product, how much of the copyright was used (Ie if they give a 2 hr speech and you use 1 sentence, etc). Ultimately I guess it just depends on the situation.

Have you tried contacting the person who originally created the quote? If you are unsure and information out there is unclear then I would like to think you have a few options.

1. You can reach out to the person and tell them what you are doing and if they mind or want a percentage.
   
2. You contact a copyright lawyer (not a photographer forum) and get the correct answer
   
3. You just create the poster/work and see if anyone says anything (not the safe bet)
   

That was basically what I read where it said "it depends". As in how much the quote contributed to the sale, how much of it was used, etc.

In this case I just want to make some motivational martial arts pics, with quotes. So it would not be endorsing a product at all.

The thing that keeps coming to mind is those motivational pics in the doc and pt offices, etc, that has like a mountain and a motivational quote, or a landscape and a quote about overcoming obstacles, that sort of thing.