Movie quotes in novels

Triangulos · Jun 27, 2018

A couple of times in my current project, my main character faces a situation where something he saw in a movie ages ago makes him realise the truth about something, or figure out what he has to do next. So for instance, he's about to be duped in a business deal, but then something makes him think of The Wizard of Oz, and the line "Pay no attention to the man behind the curtain" springs to mind, and thanks to that he realises the person he's talking to isn't who he claims to be. Or he's on a hunting expedition, and realises that the thing they're hunting is way more dangerous than they thought, and the line from Jaws comes to mind ("You're gonna need a bigger boat."). Or he's facing a problem, and realises that the best thing is to annihilate the source of the problem rather than try to fix it, and the line from Aliens ("Take off and nuke the site from orbit, it's the only way to be sure") is what provides the inspiration.

So to quote dialogue direct in this way - does that need permission? Or is fair use a good bet?

I've read a lot on this but it still seems to be a grey area. Based on the 4 criteria for fair use (https://www.janefriedman.com/permissions-and-fair-use/ , http://www.mbbp.com/news/writers-guide-to-fair-use):

- The purpose and character of the use: I'll be using it for commercial purposes, as I'm planning to try and sell this book. I.e. case for Fair Use is weaker.

- The nature of the copyrighted work: The quote is the result of someone's creative effort (which receives the strongest protection), as opposed to material from an academic non-fiction source. I.e. case for Fair Use is weaker.

- The amount and substantiality of the portion used in relation to the entire quoted work: Single-line quotes only (well-known immediately recognisable quotes too). I.e. case for Fair Use is stronger.

- The effect of the use on the potential market for or value of the quoted work: This will have no adverse effect on the movies' success or takings. I.e. case for Fair Use is stronger.

I'm happy to seek permission where appropriate, but I've heard that movies are a minefield of different peoples' interests, where a given line might be the copyright of the studio, or the screenwriter, or the production company. Also, asking only to be told no (or having to pay a lot for it) would be a bad result if it turned out fair use was good all along.

If I don't seek permission, I will of course credit the quotes correctly.

Does anyone have any experience in this?

Thanks,

T.

Maryn · Jun 27, 2018

I'm not a lawyer, and of course we don't give legal advice (or medical advice) here anyway, including from attorneys (and doctors) in our membership, because of the liabilities it would entail if the advice were wrong and caused harm.

But consider that line may well be present in the book, published in 1900. Unless its copyright has been renewed, it may be fair game. But has the copyright been renewed by whoever owns the rights? I don't know, and I'm not even sure how to find out.

That said, though, while the line works, I doubt its use in this situation is so very brilliant it's worth the amount of effort it would be to ensure your legal safety. Yes, I've seen single lines of books and movies in works of fiction--but as a reader, I have no way of knowing what permissions were granted or who paid how much for them.

(Shrug.) If it were me, I'd just write it in another way, without a direct quote.

AW Admin · Jun 27, 2018

1. Fair use is a potential defense in court during a law suit; it's not going to give you "permission"

2. Keep a list of what you use, where you use it, and where it's from to submit to a publisher

3. Consider altering the quote slightly to make it an allusion, rather than a direct quote.

4. This really is a consult an attorney and/or your publisher. Film is a little tricky in that they often have attorneys on retainer; suing you doesn't cost them anything extra.

Movie quotes in novels

Triangulos

Maryn

At Sea

AW Admin