Legal Question in Intellectual Property in Pennsylvania
If I want to use a quote that appears on the internet, do I have to obtain permission from the speaker?
1 Answer from Attorneys
Using quotes will generally be permitted. This is largely because using what amounts to a very small portion of a much larger body of work will not be considered copyright infringement and short phrases or small groups of words are not protected under copyright law. Now in some cases, especially where the work from which the quote was pulled is widely recognizable (the money part; like the chorus of a very famous song for example) it may be a copyright infringement issue.
That said, some phrases are being employed as trademarks (slogans or taglines) and you need to be careful that whatever you use will not be considered infringing. In most cases, this will probably be obvious but certainly not in all.
Further, using the names and likenesses of authors can easily become a publicity and privacy rights issue, especially if it seems that you are playing off of their celebrity and name recognition.
If you need clarification, I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.
Our firm is now referred by the American Bar Association (see under the New York section): http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html
Kind regards,
Frank
www.LanternLegal.com
866-871-8655
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.