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[Sheri K]

I am designing a website and we would like to use quotes from famous people. The company is a financial organization so in this case we are looking at quotes from Warren Buffet, Albert Einstein, etc.

All of the quotes were found online. Is it copywrite infringement to post them on our new site?

Thanks, Sheri

[m]

If the quotes are out of copyright (US: prior to 1923), otherwise life of the author + 70 years, then you are okay.

If you are using the quotes in a context where the quotes are secondary to your main commercial activity, and you have correct attribution, etc. then you may be okay. In this case you are not levaraging the quotes for financial gain nor damaging any business of those who retain the copyrights in the quotes.

If you are using the quotes directly for a commercial purpose, you are possibly infringing. For example, you are offering a "find a quote" business.

One issue is whether the quotes are "substantial" in the test of fair use of the original works in question: fair use is notortiously difficult to navigate, the test being qualitative and quantitative: one could probably argue that "notable quotes" are fair use. This is very grey.

Another issue is, who will litigate against you? And do they really care? What do they have to gain? However, the DMCA does allow relatively cheap (cost of posting a letter) take down notices to used to expunge infringing content.

[M. Arthur Auslander]

Dear Sheri K,

Information is not portected by copyright only the mode of expresssion. If in doubt you can say in "your" plain language what you want to say and atribute {sp} it to the source.

[Sheri K]

I'm now super confused. We found the following quote online, "It’s far better to own a portion of the hope diamond than 100% of a rhinestone. "
it was attributed to Warren Buffett.

We are hoping to use this quote as a "mood" image on a website for a hedge fund.

The purpose is simply to inspire clients on the merits of investing.

Is using a quote by another person on a website for a company against the law? Will it put my client at risk for a lawsuit?

[M. Arthur Auslander]

Dear Sheri K,

There comes a point where it takes more than a forum to get a lawyers opinion.

[Sheri K]

I looked at the other forums and not one other forum ends with such a response.

All over the web there are people posting quotes of famous people. Some quotes by famous people are so ubiquitous they are now part of our lexicon.

There must be other cases or examples out there that we can turn to for reference. Is there no rule of thumb as to what is okay to use and what is not? I actually found this site because another person on your forum had the same question. Unfortunately that link is now dead so the forum is unavailable...

Isn't there some rule that one a person says something it's out there for public domain?

I don't even know if using a quote actually falls under copyright law.

I'd just like some way that I can educate myself before I go to this meeting and look like a fool.

[M. Arthur Auslander]

Dear Sheri,

I believe that you use quotes free of copyrights but, there may be exceptions and and I don't want to do the research.

[m]

Sheri,

The nature of your business sounds as though you have legal counsel, whether in house or "on tether": suggest you run the question by them: they are likely to give a far better answer than anyone here.

There are other issues: certain quotes could be trademarked (whether registered or not) as slogans, for example.