Proper Procedure for Quoting Copyrighted Works

CoriSCapnSkip

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So I would like to write some juvenile biographies and want to use real quotes, both personal and from the subject's work, to give the subject's real words and not just a summary. These would be phrases or sentences, not long quotes. Of course I will keep careful track of where each quote came from and provide a bibliography, but who is in charge of securing permission to use the quotes? Do I just use whatever I like and let the agent, editor, or publisher obtain permission, or is the author expected to take care of that? Thanks.
 

Drachen Jager

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You shouldn't need permission for most of it. As long as it's properly attributed and doesn't go beyond a certain length (I don't know how long that is, half a page I guess).

This might help. http://en.wikipedia.org/wiki/Fair_use

The legal term is 'fair use' as long as you comply with fair use laws you don't need permission.
 

Old Hack

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Sorry, Drachen, I disagree.

Whenever I've worked on a book which contained quotes of any kind, regardless of whether they fall under the "fair use" guidelines (which are vague at best), I've had to ensure that appropriate permissions were gained for every single quote used.

It's usually the author who has to do this, and if payment is required to ensure the use of those quotes, then it's usually the author who has to pay.
 

CoriSCapnSkip

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It's usually the author who has to do this, and if payment is required to ensure the use of those quotes, then it's usually the author who has to pay.

Well, rats. I hope I don't have to shell out money up front when I have written the book but don't yet have an agent or publisher. Couldn't I submit it to the agent first and then get permission(s)?
 

Old Hack

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You could. But if your book relies on those quotes and when you seek permission you're denied it, or you're asked for a barrowload of money for it, you'll be stuck.

How about asking for permission and paying when and if publication happens? Or seeing if you can write your book without the quotes?
 

CoriSCapnSkip

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I'll avoid overuse of quotes but I don't see doing the whole book without them--it's to give the flavor of someone's work in a story about them and it's sometimes necessary to use their words.