Expert: Shannon Moore - 12/23/2009

Question
Hi!  Okay, I'm in the scary process of self-publishing my first novel, and that means I need to get permission to use all the quotes from copyrighted poems I used.  I'm determined to get this right and not get sued.  First, is there a definitive place I can check to make sure something is public domain, just to be safe?  And if I'm only quoting a few words of something, or a few lines, how to I determine what's fair use and what isn't?  My research on that question hasn't given me any specific answer.  Any help you can give would be wonderful.  Thank you.

Answer
Dear Amber,

Congratulations! How exciting for you!

Unfortunately, there's not a definitive list of public domain sites but here's a few that I found:

http://www.public-domain-poetry.com/
http://www.rainsnow.org/csh_poetry_in_the_public_domain_contents.htm
http://www.bartleby.com/verse/ (This section of the Bartleby.com site includes the online text of several public-domain poetry anthologies and collections)

You can also search the copyright records here: http://www.copyright.gov/records/

Fair use is a gray area as with most things dealing with intellectual property. Each situation varies, of course, but the following should get you going on the right path. The company that you're doing the self-publishing through might also be able to help you with these issues.

http://www.copyright.gov/fls/fl102.html

"Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a
4. The effect of the use upon the potential market for, or value of, the copyrighted work

The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. "

Let me know if I can assist you with anything else.

Hope that helps! I wish you much success & happiness in all your ventures!

Warmest regards,
Shannon Moore
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