Legal Question in Intellectual Property in Michigan

Copyright & Permissions

I am writing a college text which involves hundreds of sources-- research & data, articles, books.

Is this fair use for education?

Is it necessary to obtain permissions or are citings in footnotes and bibliography adequate?


Asked on 3/10/08, 11:39 am

1 Answer from Attorneys

John Mitchell Interaction Law

Re: Copyright & Permissions

Citing in footnotes and bibliographies does not affect whether a use is infringing. From your question, it is impossible to tell whether your uses of the material are fair use, but see Section 107 of the Copyright Act. To the degree that "data" is just that, it is not copyrightable (but the way it is presented may be). And remember that "ideas" are not copyrightable -- only the expression of those ideas may be. It is quite common for authors to cite sources in footnotes and bibliographies without copying anything from those sources other than ideas.

If you want to have your book published, the publisher may be a good resource for you. No publisher wants to be sued for infringement, and some may even draw the line too narrowly just to avoid a dispute. If you plan to self-publish, then I suggest that you at least take a few representative samples of your quotes to an attorney for review.

Read more
Answered on 3/10/08, 8:38 pm


Related Questions & Answers

More Intellectual Property questions and answers in Michigan