Use of quote on a t-shirt?

[PSRGK]

I design t-shirts that are sold by a print-on-demand website. I have only used completely original artwork and wording, or artwork to which I have the appropriate licensing, up until now. I would like to produce a shirt with original artwork and a quote by a deceased author. The author and work are not well known (no movies are going to be made of this work or anything like that.) The original work (in French) was copyrighted 1971, and 1986 by (I believe) a publisher. The translation from which I would actually be taking the quote was copyrighted 1973 by the translator.

So, my questions:

- Can I use a quote on a t-shirt without permission? Is there any guidance to length/use that would be permissible vs. that which would not?
- If I need to secure permission to use a quote, would I need to obtain permission from some entity on behalf of the author (who passed away in 1994), or the translator, or both?
- Is it likely that the process of obtaining permission will be so lengthy and complex that I should just forget it?

Thanks in advance for your opinions and advice.

[PSRGK]

Ok, lots of views, no answers. Let me ask this instead:

Would it be worthwhile to actually seek out a lawyer, in person, who can help me with this? Or is this a convoluted enough issue that it's better to just move on?

Thanks.

[Kaitlin]

Problem may be that the "usual suspects" we rely on for input in the copyright forum are on vacation?

Copyright's not really my area, but for what they're worth here are some initial thoughts uninformed by full facts or research (and you're right not to put details in a public forum):

In the context of academic texts, quoting a phrase, or even a few phrases, with attribution is pretty well recognized as coming under the "fair use" exception, I believe.  So one could argue that putting quotes on T-shirts, T-shirts being a recognized medium of for political and other "speech", should likewise come under the "fair use" exception to copyright as an aspect of free speech. 
On the other hand...playing devil's advocate...just putting the quote itself on a T-shirt isn't quite the same as when you quote someone in a written text, since in selling a mass-produced T-shirt you are profiting from the author's creation and not just making a reference to what s/he said to make a point in the context of a larger discussion.  That fact could alter the "free-speech" aspect somewhat.  (Depending on the nature of the quote, I could see an argument going either way.)

And, all that being said, as a practical matter you have to recognize that there are a lot of people willing to sue you even if you're squarely within the law, let alone if your position is at all shaky. 

So, in the end, the risk-benefit of going forward would probably best be addressed by an attorney with experience in representing people who sell items that carry sayings--T-shirts, bumper stickers, mugs, etc.--who may have had to deal with copyrighted quotes and have a better sense of how likely the copyright holder is to complain and how successful such complaints have been in the past.

[PSRGK]

Thank you, Kaitlin.

I was operating under the belief (as a person of above average intelligence, but no legal background whatsoever) that since I am absolutely intending to sell the t-shirts to as many people as I can convince to buy them, and am interested in the quoted material solely because I think it's so great that it will sell lots of t-shirts... that 'fair use' was right out the window. I'm really not making any kind of political statement, philosophical statement, etc. It's really just "here are some beautiful words - wouldn't you like to wear them?" I just wanted to check and make sure that I was not missing some loophole that would allow me to do things 'the easy way.'

I think for now I will table this particular design idea. I like to sleep the sleep of the just. If I revisit this concept in the future I will seek the advice of an appropriately experienced attorney. Again, thanks for your input.

[Kaitlin]

Remember, my thoughts are just that...thoughts.  I'm not suggesting my thoughts on fair use are anything more than exploratory. 
Why not run the idea by a copyright attorney--one familiar with international copyright if you're using foreign quotes, and if it turns out you would need permission from the copyright holders for the use you're contemplating, contact a few of of the copyright holders and see what it takes to get that permission.  While some people may think you're their golden goose and try to get a large licensing fee, others may see it as free publicity for their work and be happy to let you use it gratis.  You don't know if you don't ask.  (But do find out if you need to ask permission before you do.)