Iowa Permission to use Quote or Personal Statement

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Multi-State
Control #:
US-04062BG
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Word; 
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Description

Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of "original works of authorship," including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.

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FAQ

Copyright of speech given during an interview relies heavily on the fixation element of copyright law. When a work is fixed in a copy or recording, the work is created. This gives the work its copyright. Therefore, when an interview is physically recorded it becomes copyrighted.

The American Psychological Association allows authors to cite 400 words in single- text extracts, or 800 words in a series of text extracts, without permission (American Psychological Association, 2010).

If you're using the quote as a means to sell your book, you could get sued for a right of publicity violation. (However, it is typically defensible to use someone else's name or likeness for news, information, and public-interest purposes, but that doesn't always rule out a violation.)

Can You Legally Use Quotes in Your Craft Business? In general, you cannot use quotes in your craft business unless you have written permission from the person who said it or the quote is in public domain.

Epigraphs from materials that are in the public domain do not require permission. Epigraphs from copyrighted materials must either qualify as fair use or be used with the permission of the rightsholder. An epigraph must be sufficiently tied to the text that follows in order to qualify as fair use.

Copyright is jointly held by interviewer and interviewee. If you have conducted the interview, you still need written permission from the interviewee, and that form must include permission to publish. Quotations from certain government documents and materials.

Interviews may be published in reliable publications, but that does not make primary source material contained in them acceptable to cite claims for which Wikipedia requires secondary sources. Interviews highlight an interesting tension in Wikipedia policy.

Unfortunately, quoting or excerpting someone else's work falls into one of the grayest areas of copyright law. There is no legal rule stipulating what quantity is OK to use without seeking permission from the owner or creator of the material.

The Short Answer. Yes, quotes are protected under copyright law.

But it does appear that, as long is the interviewee is aware an interview is taking place, the majority of the time the court sides with the interviewer as the copyright owner of an interview, unless it was a work for hire arrangement or a preliminary contractual release was made to the contrary.

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Iowa Permission to use Quote or Personal Statement