Legal Guide: Copyright and Fair Use When Sharing Quotes
An accessible legal primer on when you can share a quote, when you need permission, and best practices for publishers and curators.
Legal Guide: Copyright and Fair Use When Sharing Quotes
Sharing quotes is central to curation, but legal constraints vary by jurisdiction. This guide summarizes general principles about copyright, fair use, and attribution, and offers practical steps for curators and publishers. This is not legal advice; consult counsel for specific concerns.
Public domain vs. copyrighted material
Works published before a certain year (which varies by country) are typically in the public domain and can be reused freely. Contemporary works are often protected and require permission for commercial redistribution.
Fair use and quotation
Fair use (or fair dealing) may permit limited quoting for commentary, criticism, news reporting, or educational purposes. Key factors include the purpose of use, the amount quoted, and effect on the market for the original work.
Practical checklist
- Always attribute the source and author.
- Limit the length of the quote when possible.
- Use short excerpts for commentary or criticism; longer reproductions generally require permission.
- For commercial products or merchandise, obtain explicit licenses.
Requests and permissions
Contact the rights holder with a clear description: the quote, intended use, distribution channel, and length of license needed. Keep correspondence organized for compliance audits.
Ethical considerations
Even if a quote is legally shareable, misattribution or decontextualization carries reputational risk. Provide context and, where relevant, links to the full source.
Takeaway: Legality and ethics converge. When in doubt, attribute and seek permission for commercial uses. For editorial uses, fair use often applies but still requires careful judgment.