FYI: Quoting copyrighted work, fair use

[standard]

I'm doing a little research. I'm writing a comic/book that uses random quotes from books, songs, etc at the beginning of each chapter (anyone familiar w Stephen King... you know. like that). I did a little internet search so i could correctly format the citations. Along with that googlin' I ended up reading some legal-y stuff. I found many forums full of people saying "it's okay, just use a little, use fewer than x amount of words or x% of the total work" and also "as long as it's not competing with the original work in the marketplace it's okay" blah blah. In general (surprise surprise) i found a lot of confusion on the internet, so I went right to the ol source.

so here are a few excerpts from the US Copyright Office FAQ page, in case it interests any of you. I underlined some of the important bits:

How much of someone else's work can I use without getting permission?
Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances. See FL 102, Fair Use, and Circular 21, Reproductions of Copyrighted Works by Educators and Librarians.

Could I be sued for using somebody else's work? How about quotes or samples?
If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission. However, in cases of doubt, the Copyright Office recommends that permission be obtained.

This is from the actual fair use doctrine:

... 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. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
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.
The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”

The safest course is always to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

When it is impracticable to obtain permission, use of copyrighted material should be avoided unless the doctrine of “fair use” would clearly apply to the situation. The Copyright Office can neither determine if a certain use may be considered “fair” nor advise on possible copyright violations. If there is any doubt, it is advisable to consult an attorney.
FL-102, Revised July 2006

So, to boil it down, according to my understanding of it all, is that you need permission to quote a work if you're using it for a COMMERCIAL project (ie a comic book, a poster you're selling, etc). The often-mentioned Fair Use doctrine appears to only apply to scholarly, commentary, or critical writing.

Correctly citing the source without permission does not make it "okay" to use.

So you need to get permission. But keep in mind that though you are required to get permission, the copyright holder is not required to grant you permission, or even answer you yes or no. (it took my band several several phonecalls to ASCAP to get permission to cover a Soul Coughing song, for instance. we basically had to be pains-in-the-asses because we were so... what's a good word... insignificant?). And twhat the holder may charge for the quote can vary (an oft-mentioned example I found online was a guy getting charged $4 per word for a radiohead lyric). Apparently the music industry is much tougher/tighter than other industries.

I don't know why I'm writing this. It sort of pisses me off, even though I sort of get it. I feel the same way I felt about that Coca-Cola thread a few months ago, where they don't want artists to be able to reproduce their logo. It's the idea that commerce and capitalism can push pop culture into our faces and make it a part of our lives and part of the landscape, but then our art isn't allowed to reflect it without paying somebody for permission. But then again, I'm just like those bastards, trying to make a product and push it on everyone else, so like I say, I get it. Those same copyright laws protect my stuff, too. It just comes down to being a royal pain in my ass.

I guess this is my GP PSA of the day. Or maybe it's a "rant". I can't tell.

[strawberryluna]

i think the real issue here is that most GPers can't reed gud.

[ferg2001]

dude... lay off the meth

[standard]

i just scratched a hole in my cheek.

[DenisMutter]

Is that a statutory thing, or do damages have to be proven?