Quoting Lit in Textbook

trocadero said:

I usually write fiction, but as a 20-plus year teacher, I've got a great idea for a textbook. I'd like to include a large number of quotes from MG/YA novels. Each quote would only be one sentence. I can see how these kinds of quotes are cited in textbooks, but I'm wondering if I need to get permission in order to include them. Is attribution enough? Thanks!

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Yes, you'd need permissions for each.

It really depends, as this is a textbook fair use would potentially apply. I would proceed on that basis but expect a discussion about this with the publisher

veinglory said:

It really depends, as this is a textbook fair use would potentially apply. I would proceed on that basis but expect a discussion about this with the publisher

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Textbooks, while educational, are commercial enterprises, which is why I answered the way I did, but VG is right - a publisher's legal staff would know.

By and large, textbooks do fall under far use, whether the books are commercial, or not, but you never know for sure. I do know anyone can quote small, and I mean small, portions of any book for nonfiction use, textbook or not. I've done so many times. So have many reviewers, for that matter.

Nonfiction is always different than fiction.

But I'd never write an entire book of this nature without benefit of an intellectual property attorney. It won't cost much to get you answer, and the peace of mind that comes with it.

Jamesaritchie said:

By and large, textbooks do fall under far use, whether the books are commercial, or not, but you never know for sure. I do know anyone can quote small, and I mean small, portions of any book for nonfiction use, textbook or not. I've done so many times. So have many reviewers, for that matter.

Nonfiction is always different than fiction.

But I'd never write an entire book of this nature without benefit of an intellectual property attorney. It won't cost much to get you answer, and the peace of mind that comes with it.

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This is not true; it entirely depends on what the material is being quoted for and in.

There is no amount under or above which the line of copyright falls. It's a widespread misconception that it's ok to use a sentence, a paragraph, 10 words or fewer, etc. There is no amount that's not violating if the use itself is violating.

Sure, people do it and don't get sued. People plagiarize and don't get caught. People do a lot of things and nothing happens - doesn't mean it's not going to or that it's right.

If it is a textbook published by a textbook publisher, occasional short quotes as part of a thesis or critique are very unlikely to be a problem, but you don't have to stray far from the fair use path to get into trouble. That is one reason I favor non-fic publishers with experience and standing on the field. They get more benefit of the doubt and they have lawyers

I would suggest writing it for best effect and adapted as needed.

trocadero said:

... I'm wondering if I need to get permission in order to include them. Is attribution enough?

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Look up the Fair Use exclusion in copyright law. Your description of your intended use falls under that concept. In general, you will not need permission to use the quotes you describe.

Jeff