Copyright laws?

[gravesbane]

When you make reference to another literary work, do you need to get permission, pay a fee, or give credit for the work?

I am working on a character that uses lines from movies or novels as a snappy come back to situations or adversaries. I'm not talking long passages cut and pasted, but something no longer than a line or two. Example: Bad guy has our hero dead to rights and says goodbye to our fair sword-wielding knight. He replies "I'll be back" in his worst German accent.

Thank you in advance for any help you could give me. No point in fleshing out this guy if I can't use him.

[Adam]

Article 10
Certain Free Uses of Works:
1. Quotations; 2. Illustrations for teaching; 3. Indication of source and author

(1) It shall be permissible to make quotations from a work which has already been lawfully made available to the public, provided that their making is compatible with fair practice, and their extent does not exceed that justified by the purpose, including quotations from newspaper articles and periodicals in the form of press summaries.

(2) It shall be a matter for legislation in the countries of the Union, and for special agreements existing or to be concluded between them, to permit the utilization, to the extent justified by the purpose, of literary or artistic works by way of illustration in publications, broadcasts or sound or visual recordings for teaching, provided such utilization is compatible with fair practice.

(3) Where use is made of works in accordance with the preceding paragraphs of this Article, mention shall be made of the source, and of the name of the author if it appears thereon.

http://www.wipo.int/treaties/en/ip/berne/trtdocs_wo001.html#P144_26032

Most of our nations have signed the Bern Convention.

[Yeratel]

The Dresden Files books are loaded with cultural references like that. It's considered "fair use".

[twinswin123]

I don't really get that law thing.  Anyone want to translate into teenage english?

[Adam]

You're allowed to make references to other works.  I think the only way you'd ever get in trouble for it is if you ripped off a whole paragraph or so, word for word, and didn't attribute it to the author.

[gravesbane]

That is what I thought, but with all the jerks out there willing to hassle people for a buck I didn't want to take any chances.

[meg_evonne]

I don't really get that law thing.  Anyone want to translate into teenage english?

For school and college assignments, don't cut and paste.  :-) 

If using, don't forget to use footnotes (*) and the source on the bottom of the page *quote from Twins, JB Forum, author section, copyright laws thread.    :-) :-) :-) 

yeah, I'm in a snarky mood because I've a work on my desk waiting that I'm avoiding...

[Cathy Clamp]

If you're interested in writing, it's a good idea to get warm and fuzzy with the copyright laws. They're there to protect YOU!   The U.S. Copyright office has a terrific FAQ page with a lot of easy, beginner stuff. Spend a little time there. You'll be glad you did!

http://www.copyright.gov/help/faq

[Adam]

I notice that USA government website contains information about registering work so it's copyrighted.  That's weird, since your work is automatically copyrighted anyway under international law (which the USA has ratified).  I guess the purpose is to provide others with a common database to search, rather than to actually copyright anything.

[Uilos]

Actually, I had a similar question involving song lyrics.

Let's use the lyrics in my sig. Now, could I get away with attributing the song and singer/writer, or do I have to seek permission from them?

[Yeratel]

Actually, I had a similar question involving song lyrics.

Let's use the lyrics in my sig. Now, could I get away with attributing the song and singer/writer, or do I have to seek permission from them?

Attribution's good enough for a snippet of lyrics. There was a case in the news last week where Yoko Ono lost a lawsuit trying to bar a documentary film maker from using a 45 second sample of John Lennon's Imagine in a movie who's philosophy she didn't agree with. The judge ruled the song was culturally significant, and fell within the "fair use" parameters.

[Cathy Clamp]

I notice that USA government website contains information about registering work so it's copyrighted.  That's weird, since your work is automatically copyrighted anyway under international law (which the USA has ratified).  I guess the purpose is to provide others with a common database to search, rather than to actually copyright anything.

Actually, it's not a search database at all and registration isn't required. What registration provides is the method to seek monetary damages in court in the event of plagiarism. Registration provides a "time stamp" that proves a date of creation. Without registration, the court is limited to reimbursing actual damages (which are tough to prove unless a commercial publisher produced the plagiarized copy), but an award wouldn't include things like statutory interest, attorneys fees (in prosecuting the case) future costs of collecton and such---to the author or the original publisher. Does that make sense?

By and large, registration is a good thing once the book is ready to be published. But not before. Since registration is a "snapshot" of a document, substantial edits to insert text, remove chapters or such, essentially end the registration.

[Adam]

I see, good point, thank you.  I tend to use the postal service as a record, by sending completed works to myself by registered mail.  Since it is sealed by the postal service, anyone claiming my work then has to go up against the postal service's procedures.

[Cathy Clamp]

Unfortunately, that method isn't a valid one. It's called a "poor man's copyright" and it's a myth it's a substitute for registration. See here for a discussion of this on the Copyright Office's web page:

http://www.copyright.gov/help/faq/faq-general.html#poorman

See, the problem with that method for the purpose of time stamping is that the Post Office is more than happy to mail a registered envelope that's completely empty with the seal not licked. There's no law or rule that they can't. While unscrupulous to later insert a manuscript and seal it, it's happened before (which is the reason it's not an accepted method.) Sorry.   

[Adam]

Registered post here makes the postal service liable.  If they register it, that makes it their responsibility, so they make sure it's sealed.  They don't register it until the examined contents are sealed within.  Anything sent by registered mail is given a permanent unique ID number, and the records of the post office will suffice in court as evidence of when the item was posted.