"The only thing we have to fear is..."

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johndavid
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"The only thing we have to fear is..."

Post by johndavid » September 1st, 2010, 11:32 am

being sued for using a quote in a book.

I want to use some quotes in my new book.

How are the "famous" quotes by people (like Churchill) handled as far as copyright? Are these quips "owned" by the person that said them? Of course I would credit the person that said it. Does anyone know the laws regarding this subject?

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polymath
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Re: "The only thing we have to fear is..."

Post by polymath » September 1st, 2010, 12:14 pm

Frankin D. Roosevelt said the infamous "The only thing we have to fear is fear itself," in his 1933 inauguration speech. Churchill didn't say it. However, Francis Bacon apparently said it first circa 1600, "Nothing is to be feared but fear itself."

The enduring nature of the saying shows one or two things worth considering when borrowing from others' intellectual property. Borrowing from someone else's thunder lends to and therefore diminishes one's own creative thunder. Recasting for originality's sake is done all the time. A potent saying spans time and place and transcends its origins.

Most intellectual property published since 1923 is still under copyright. The Fair Use doctrine is in play rather than copyright infringement, per se, when using other's intellectual property for one's own purposes.

The four tests of the Fair Use doctrine;

1.) The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes.
2.) Nature of the copyrighted work.
3.) Amount and substantiality borrowed from the copyrighted work.
4.) Effect upon the copyrighted work's value. *

* Wikipedia: Fair Use http://en.wikipedia.org/wiki/Fair_use
Spread the love of written word.

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Mira
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Re: "The only thing we have to fear is..."

Post by Mira » September 2nd, 2010, 5:14 pm

Goodness, I don't know. I do know the author is responsible for obtaining rights, but that's all I know.

You might ask Nathan this one. He has an "ask Nathan" thread.

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CharleeVale
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Re: "The only thing we have to fear is..."

Post by CharleeVale » September 3rd, 2010, 11:59 am

Spiders. The only thing we have to fear is the spiders.

CV

Down the well
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Re: "The only thing we have to fear is..."

Post by Down the well » September 3rd, 2010, 4:03 pm

CharleeVale wrote:Spiders. The only thing we have to fear is the spiders.

CV
LOL. You goof!

Everyone knows it's sharks. Ocean....sharks....gah!

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Nathan Bransford
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Re: "The only thing we have to fear is..."

Post by Nathan Bransford » September 3rd, 2010, 11:04 pm

I'm not a copyright attorney, but if it's under copyright and you're including it in something you're hoping to sell that isn't scholarly, chances are you're going to have to ask for permission. And yes, the words are owned by the orator (with a few exceptions).

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