Expert: Shannon Moore - 7/24/2010

Question
Hi,
I am hoping you can help me. I cannot figure out if this falls under Fair Use or not. I am writing a novel and wish to quote portions of songs and speeches within. They are all attributed to the original authors. Am I permitted to do this without contacting each and every person for permission? Given that this is a work of fiction and not being used for educational purposes or as criticism, I was not sure if it would still fall under Fair Use or not.
Thanks
Steph

Answer
Dear Stephanie,

Fair Use is a tricky thing as you've realized in the research you've done. 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 whole
        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.

Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

Copyright protects the particular way an author has expressed himself. It does not extend to any ideas, systems, or factual information conveyed in the work.

The safest course is always to get permission from the copyright owner before using copyrighted material.

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

Warmest regards,
Shannon Moore
http://www.tmexpress.com
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