I am preparing to publish a novel in which I use quite a number of quotations, and I'm trying to get a better handle on the limits of fair use. For example:
1. I have an appendix which is about four or five pages long and which is comprised entirely of quoted material from factual sources. I quote no more than 300 words of original material from any one source, and draw altogether from a dozen sources. Collectively, the quotations work like a montage, creating a factual overview of historical events dealt with within the novel. My position is that this is fair use because a.) it is educational in nature, b.) the juxtaposition of quotations creates a new and meaningful overview, c.) the thing that is created has social value, d.) none of the quotes constitute the heart of the original work.
On the other hand, my novel is for profit -- so I am wondering, am I safe using these brief quotations, or should I get permission for the ones that are not in the public domain? (If there is a risk, how risky is it?)
2. If the above is okay, can I freely use quotations that draw on factual sources, or translations where the original is in the public domain, so long as I don't go over 300 words and so long as the words I use are not the heart of the work from which they are drawn?
3. In much the same vein, is it okay to quote a single line of poetry or a single line of song lyrics?
4. Does it matter whether quotations are used in line with text or as block quotes?
Thank you so much, in advance, for your response! Everything I read on this seems to point me in different directions!
Answer
I am inclined to agree that these are "fair use," but can't be at all certain......my advice would be to rely upon your editor or the publisher's attorneys' view, or consult your own I-P attorney just before you self-publish and at a time when you'll know the size and distribution factors of the proposed publication.
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