The use of a quote in a published photo book, copyrights/rights required?

[AJSwin]

Hello!!

my 2nd post no less.

Quite an important question. Would a published, commercial Photo book, require copyright permission/rights to literally feature a relevant quote on a standalone page, to provide a segway into the final section.


I would obviously correctly credit and source the quote.. will this be sufficient?? The author passed away about 50 years ago.

Thank you! ..and i'll look forward to reading anything that will enlighten me.

[PeterL]

Probably, but iut might depend on the source, and whether it is in the public domain.

You probably should consult a lawyer.

[AJSwin]

Hi mate! Thanks, could you define 'public domain' for me in this context?

Can i do any of the research a lawyer would do?

[PeterL]

Hi mate! Thanks, could you define 'public domain' for me in this context?

Can i do any of the research a lawyer would do?

Non-lawyers can do all of the research that a lawyer do, but it appears that you would have to do a huge amount of research, since you even requested a definition of public domain. Items the copyright of which has expired are in the public domain. The period that a copyright has varied, and in the U.S.A. it is presently 75 years after the death of the author. The U.S. copyright law is avilable at http://www.copyright.gov/title17/
Now you can read the whole thing.

[MarkBastable]

For short quotes, a principle known as 'reasonable use' applies in most territories. So, you can quote a line from a book, but you might get hassle if you quoted a paragraph. However, the definition of 'short' and 'reasonable' varies from place to place and according to source. For instance, in the UK, you're more likely to be pursued by lawyers for using song lyrics than for using bits of prose of a similar length.

Incidentally, it's not the publisher's responsibility to get permission to use material if permission is required. It's the author's. The publisher will ask if you've got it, and if you say you have then the publisher stops caring because it's your arse that will get sued.

[stlukesguild]

For short quotes, a principle known as 'reasonable use' applies in most territories.

This depends upon how the quote is used. For educational or academic purposes, satire or political/social commentary, and in criticism "fair use" laws apply allowing for brief quotations (although proper citations should still be made). If the work in question in which the quote is to be employed does not clearly fit into one of the above categories, you are taking a chance of legal action. "Fair use" itself is somewhat liquid in definition and one should be aware that even if one is seemingly following all the rules, the owner of a copyright may always decide to sue and let the courts decide... if he or she believes there is money to be had. The best option is to contact the owner of the copyright and gain permission.

[AJSwin]

I appreciate your help guys, very much indeed. Thank you.