RE: Protection for quote under copyright

From: Grierson, Kevin <kgrierson[_at_]wilsav.com>
Date: Wed, 02 Mar 2005 18:04:59 -0500

Heather,

You'd need more information than that to decide. For example, how long is the quote? Was the quote itself newsworthy? (i.e. if the quote is from a speech by a gov't official, I doubt that there is infringement). Was the quote primarily factual, or was the speaker reciting new lines of poetry?  

The facts that you describe perhaps point toward a fair use argument, but in almost all circumstances you need to consider all the surrounding facts before making a fair use/infringement determination.  

Best regards,  

Kevin

Kevin W. Grierson, Esq.
Registered Patent Attorney
Intellectual Property Group

Willcox & Savage, P.C.
One Commercial Place, Ste. 1800
Norfolk, Virginia 23510

kgrierson[_at_]wilsav.com <mailto:kgrierson[_at_]wilsav.com> ph: 757/628-5603 fx: 757/628-5566
www.willcoxsavage.com <http://www.willcoxsavage.com/>

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [ mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Heather Vargas Sent: Wednesday, March 02, 2005 4:55 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Protection for quote under copyright

I would appreciate thoughts on the following scenario:

A short article is printed in a magazine. A quote from a single person comprises approximately 1/3 of the article. A completing magazine copies the quote for an article on the same topic.

Infringement?

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Received on Thu Mar 03 2005 - 04:04:59 GMT