Re: How much text can be quoted without permission?

Gerry Hunter asked:
>
> How much text can be quoted from another's work (with attribution, of
> course) without first obtaining the author/owner's permission?
>
> I have heard various "rules of thumb," such as 100 words, but would like
> to know if there are specific limits proscribed in law."

I, too, have heard of "rules of thumb" and they are all wet. There is no standard of measurement for the obvious reason that quoting 100 words of a 102 word poem would be a very different matter from quoting 100 words from a 1,500-page novel. The "amount and substantiality of the portion used in relation to the copyrighted work as a whole" is ONE of the FOUR factors applied to determine whether use of a copyrighted work is "fair use" or not. How much of the work is used is never determinative, but is considered in the context of the nature of the original work, the nature of the use made of it, and the commercial impact of that use on the market for the original. These determinations are always intensely fact-specific. You should consult a copyright attorney with the specific details of your situation and obtain and opinion as to whether or not your proposed use would likely be considered fair. Finally, of course: When in doubt, get permission.

Bob Cumbow
<cumbr[_at_]perkinscoie.com> Received on Tue Feb 18 1997 - 18:48:04 GMT