First, here's what I don't promise. I'm not a lawyer. What follows is based on my own research, and as you'll see, every situation is different. Because of this, the use of quotes can be hard to understand. I do hope, though, that you can use this information to make better choices when working on your own manuscripts or other creative projects.
Quotes are great little pieces of writing. They can say many things with just a few words. And you can find them in books, greeting cards, on the home pages of websites, and in emails, you get every day. But just because they are everywhere doesn't mean you can put a few in your text without asking anyone's permission. You don't always have to, but sometimes you do. Here are some things to think about when trying to decide which side you're on.
1. Is there a written record of the quote?
If the quote you want to use only exists as words that someone said, you can use it. For example, you can use a quote from Paris Hilton if you hear her say, "That's hot!" on TV. She did say it, so you should give her credit for it. But if Paris put the words in a book, the copyright would cover those words. If you wanted to use the quote in your book or on a card, you would have to get permission from her or her publisher.
2. Does it have copyright or does it belong to the public?
Not every time is a problem with copyright. If the quote comes from a book that is more than 75 years old, it is probably in the public domain, which means you don't need permission to use it. Copyright lasts as long as the author is alive and for another 70 years after he or she dies.
3. Getting permission.
If you need permission for a quote, start working on it right away, even if the book isn't finished and you're not sure if you'll use the quote. It can take months to figure out who to ask for permission, and it can take even longer to get a response once the request has been sent. So give yourself a lot of time to do it. Send a letter explaining your project and asking for permission to use the quote. Note that this is a one-time-only right. If you get permission for a quote for one project, that doesn't mean you can use it in other books or projects.
There isn't a single place where you can go to find out who owns the right to work. Since copyright is an automatic right, not everyone registers it. This means that the Copyright Office won't always be able to give you the information you need. You can start with the publisher or literary agent of the author. If you still can't find the author that way, you could use search engines on the Internet. Don't forget to look for the author's family members as well. It's important to find a family member because after an author dies, the copyright may have gone to the author's heirs.
Keep good records of everything you do in your search, like sending letters, calling, and putting up ads. If you can't find anyone to talk to but still want to use the quote, you'll need to be able to show that you tried hard to find the person who owns the copyright.
4. There are always exceptions.
Now things start to get unclear. Because a quote is so short, it can also be seen as not being a big part of a work. This means that it can be used in "fair use." But the term is not clear, and there are no clear rules about what it really means. So, when you're not sure, ask. If the quote you want to use is from a poem or a song, the rules seem to be a little different. In these situations, I've found that you should always ask permission before using these works. I think it's because poems and songs are shorter than books, so quoting from them uses a big chunk of the work.
Last thing: don't let asking for permission get in the way of your writing. Do your homework, write letters if you need to, and move on. If you don't, the quotes are likely to slow down your work instead of making it better.
