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Author Topic: Copyright on famous quotes  (Read 1318 times)

jetspeaks

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Copyright on famous quotes
« on: 02-06-11 at 04:02 pm »

Hi I was wondering if anybody knows if quotes and sayings from famous people are copyrighted. I will be using quotes from various quote sources from the web to compile a database to be used in an app that I am creating. The app is a game using these quotes. I have not been able to find information on purchasing the rights to these quotes so I am assuming that they are fair use or public domain.
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Simpletown

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Re: Copyright on famous quotes
« Reply #1 on: 02-06-11 at 10:34 pm »

It is a bad idea to just assume somethings in the public domain. Copyright, like any intellectual property, is a complicated matter. The copyright depends on when the speech was given, if it was written down, and who gave the speech, among other factors. If the speech was recent, i.e. under current copyright law and was contained in a medium such as video, tape, or some written form then the quote is copyrighted. The courts have deemed fair use is okay if the purpose is for educational reasons, such as in papers or educational books, however a game likely does not meet this fair use. So you need to use quotes before the copyright law protected speeches, or ones old enough such that the copyright has ran out. Further, different countries have different timelines and rules for copyright protection, so you need to check where the quote was from. I am unsure about who owns the copyright in the instance that someone who is British gives a speech is India for a fee, it may get complicated. Also, who gives the speech also matters. Any work created by an employee of the United States Federal Government while in the course of performing their official duties is automatically in the Public Domain under the terms of Title 17, Chapter 1, Section 105 of the US Code. This would of course include speeches given by U.S. Presidents and U.S. Military personnel. Same goes for the British Crown Copyright which fall into the Public Domain fifty years after they are created. Your best bet is use old quotes for now and get some quick legal advice from a copyright attorney (or research it for yourself) about the timelines for the protection of speeches in different countries. If the quotes are from a book or other printed source you are more likely to encounter lawsuits, such as a quote from the first 5 pages of Harry Potter.
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Isaac

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Re: Copyright on famous quotes
« Reply #2 on: 02-07-11 at 06:34 am »

It is a bad idea to just assume somethings in the public domain. Copyright, like any intellectual property, is a complicated matter.

It is good to be cautious, but many short phrases are not protectable by copyright. 
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Isaac

Simpletown

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Re: Copyright on famous quotes
« Reply #3 on: 02-07-11 at 07:01 am »

Quote
It is good to be cautious, but many short phrases are not protectable by copyright.

As I stated, for many different reasons, many quotes are indeed free from copyright. However, the OP wants to avoid infringement, the purpose of his post. Thus it seems as if he wants to be careful. It is actually hard to define how long of a quote actually gets protection. A random example...

http://onbeingpublisher.blogspot.com/2008/05/what-quotes-need-copyright-permission.html

I just urge caution and further research.
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Isaac

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Re: Copyright on famous quotes
« Reply #4 on: 02-07-11 at 07:52 am »

Caution and further research is good.  But I don't want to handicap the OP.  If the OP does the proper homework, the OP will find that many short quotes of recent vintage can be used without permission.   Your post seemed to concentrate only on quotes that might be in the public domain or fair use.  That's fine, but IMO overly cautious.

But I can take my talents to South Beach if my advice is not wanted.
« Last Edit: 02-07-11 at 07:55 am by Isaac »
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Isaac

jetspeaks

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Re: Copyright on famous quotes
« Reply #5 on: 02-07-11 at 12:00 pm »

Thank you both for your response. I am going to seek the advice of an attorney just to be cautious.
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Simpletown

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Re: Copyright on famous quotes
« Reply #6 on: 02-07-11 at 06:44 pm »

Heh, your advice is just as fair as mine is Isaac, I don't think either is wrong. I just figured starting from a perspective of overly cautious was in the OP's best interest to start with. You are completely correct that he can extend the quotes he uses much farther into recent time, it just gets more complex to identify which ones are free of copyright. Thus I would say a mix of our advice is best. Start cautious and you can get centuries worth of quotes that are in the public domain, and then move up in time being more careful with quotes of recent vintage.
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