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Originally Posted by Kael  I have an album coming out next month. Actually I have two coming out but only one is related to this topic. We want to use place a quote by a famous personage on the inner panel artwork. Full credit would obviously be given. Is there any sort of potential problem with copyright infringements? This person is dead but probably has some sort of estate watching his intellectual property. We aren't using the quote to sell the album or promote it (it is on the inside and not visible til after purchase), nor is it used on the actual recordings. We just like the quote and happen to think it succinctly sums up the idea behind the sort-of-but-not-quite-title-track.
I think we are in the clear as it is perfectly acceptable to quote somone in say a book. I'd imagine this falls under something like fair use. I thought I'd post a quick question on here for other thoughts. |
First, the quote by the person must be capable of copyright. Just because someone said it doesn’t make it subject to copyright. Without knowing the quote and a few more facts, it’s impossible to really answer the question, but here are some things to keep in mind.
The area of fair use is a very squirrely critter. The first and most important thing to remember is that fair use is a DEFENSE to a copyright infringement claim. Therefore, it might be something that gets you off the hook for ultimate liability, but it in no way protects you from having to PROVE that your use was fair use and the costs associated with proving it.
Another thing to keep in mind is that nothing is a fair use until a court of law says the specific use in question is, in fact, fair use. For example, let’s say a court ruled that making cassette copies for personal use from vinyl records that you own is fair use. That does not mean, by analogy, you can rip MP3 files from your CDs. While a court may someday decide that the digital copying is, in fact, fair use, it would be a mistake to assume that just because the two situations are similar that there would be a finding of fair use. The analysis in this area of copyright is highly fact specific and driven by a large number of factors.
Also, if the quote were something that had been used on commercial goods (e.g., t-shirts) and trademarked in connection with the sale of those goods, then you could have a trademark claim against you which is separate from copyright.
Legal mumbo jumbo aside, there is always a difference between the legal realities and the practical realities. While someone MIGHT have a claim against you, I think the risk of having a claim brought against you is probably pretty low, but I would need more info to fully assess that risk.
Bottom line: these are dice I would probably roll.
