How to Quote Works Legally With Fair Use

The "fair use" doctrine in U.S. copyright law allows for limited usage of copyrighted materials without the author's consent. Researchers, news reporters and satirists can utilize excerpts of a work for a variety of reasons. Professionals in these fields need to understand how to quote works legally under the fair use doctrine.

Instructions

Difficulty: Moderately Challenging

1. Understand that court interpretation of the fair use doctrine depends on prevailing social tastes. Works that aim for a social good, such as those produced for non-profit or educational purposes, typically receive more leniency than projects with questionable taste or social benefit.
2. Be aware that you can get away with a more liberal interpretation of fair use when creating satire or comedic material. These activities are treated with more leniency than other examples of fair use. Satire and parody require greater use of copyrighted materials to create an original work.
3. Consult with an intellectual-property lawyer in order to determine fair use trends on the state and federal level. The American Bar Association Web site features a state-by-state listing of pro bono attorneys well versed in fair use and copyright law (see Resources below).
4. Quote works legally that are in the public domain, and you'll avoid copyright infringement. The U.S. Copyright Office has a list of documents that are part of the public domain, including federal documents printed before 1923 and materials copyrighted before 1963 that were not renewed (see Resources below). You can also search for a particular work to find out if it is copyrighted.
5. Determine your use of a copyright-protected work in terms of its originality. A long quote used in an academic work may be legally questionable if it does not make a significant original contribution. Conversely, a short quote in the context of a larger argument can weather legal scrutiny.

Tips & Warnings

• Review the available literature outlining the tensions between copyright protection and fair use. Universities such as Stanford are putting out manuals and developing Web sites based on resolving fair use ambiguities (see Resources below).
• Choose to err on the side of caution when quoting a work. Shorter quotes with attribution are more likely to be protected under fair use provisions in court.
• Copyright infringement cases carry serious penalties if you are found guilty. Federal copyright laws allow a maximum punishment of five years in prison along with up to $250,000 in statutory penalties. These penalties double for repeat offenses.