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Q: copyright ( Answered,   1 Comment )
Question  
Subject: copyright
Category: Arts and Entertainment
Asked by: carntyne-ga
List Price: $15.00
Posted: 11 Sep 2004 10:04 PDT
Expires: 11 Oct 2004 10:04 PDT
Question ID: 399789
i'd like to use a line of dialogue (seven words only) from the 1937
Paramount Pictures movie 'Ebb Tide' as a chapter head in my book to be
self-published in the UK. questions: (a) do I need copyright
permission? And (b)how do i obtain it?
Answer  
Subject: Re: copyright
Answered By: kriswrite-ga on 11 Sep 2004 18:34 PDT
 
Hello carntyne~

In U.S. Copyright law, there is something called ?fair use.? This
allows people who don?t own the copyright to a certain work (a book or
movie, for example) to use a portion of the work without permission
from the copyright holder. Exactly what is considered ?fair use? is
not always clear.

However, there are four important factors to consider:

1.	The purpose and character of your work,
2.	the nature of the copyrighted work,
3.	the amount of copyrighted work that?s used,
4.	and the effect on the market.

In #1, the courts look at whether or not you are creating something
new, or just using somebody else?s work for your own gain. In your
case, you?re creating mostly something new.

In #2, whether the work is fiction or nonfiction factors in. More
leeway is given for nonfiction.

In #3, quantity is important. The less you take, the more likely you
are within ?fair use? guidelines. Seven words is a very small amount,
and is not considered the ?heart? of the work.

In #4, the courts consider whether or not the material you use will
deprive the copyright owner of income. In your case, it?s not likely
to.

With these things in mind, you seem to fall easily within ?fair use?
guidelines. For more information on ?fair use? and U.S. Copyright law,
I recommend ?Fair Use? at Standford Copyright & Fair Use:
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/index.html

Regards,
Kriswrite

RESEARCH STRATEGY:
Researcher?s personal knowledge
Reviewing the U.S. Copyright site (http://www.copyright.gov )
Google search for ?fair use"
Comments  
Subject: Re: copyright
From: rememberthemagic-ga on 11 Sep 2004 10:39 PDT
 
I cannot imagine that you would need one.  We have what's called the
"Fair-Use Act" that allows public use of copyrighted material. 
however, you are not a citizen and this book is for commercial use. 
So, I am not sure.  But if you were able to find out who owns the
rights to it, you could contact them and ask for permission.

This is not an answer, just a comment.

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