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  1. #1
    Join Date
    Aug 2010
    Posts
    7

    Default Using Quotes in iPod Applications

    from New York State,

    Hey everyone,

    I am putting together a free iPod application for a 501(c)(3) nonprofit.

    The idea is to take quotes from books, articles, newsletters, podcasts, etc. and put them in the application as an inspirational or educational quote of the day. For example, if the application was regarding children with autism (just an example, the application relates to something else), we would collect a few hundred short quotes from our favorite books and articles and reprint them so that people could view one quote a day. Of course, we would set it up so that users could flip through them all at once as well.

    I see this as similar to writing a book in which the author does not need permission to reprint short quotes. Can I assume that it is legal to use short quotes from books and articles in such a manner?

    Thanks,

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Using Quotes in iPod Applications

    You can assume anything you want - but we can't promise that your assumption will be correct. We can't gauge how much of a work you'll be reproducing or its value to the original. Note that key passages of a work are subject to stronger protection than generic passages that nobody wants to read. Moreso for lyrics and poems - publishers routinely secure permission before commercially reproducing portions of song lyrics.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Using Quotes in iPod Applications

    No, you can't assume that. However, using a small quote can be argued to fall under fair use. It certainly does not impact the sales of the original book. However fair use is not a right per se, it is only a defense you can raise AFTER you get sued and assuming it goes to trial which will be after you spend 100k or so.

    However, if you use it in a commercial application, and especially for something so popular, you might well run into publishers and authors who see you as an attractive target or who wants to make a legal and public relations point.

    Very often, these things are not about who is right, but who has the most money and best access to the courts.

    Another approach: There are today in history programs for web sites that have files of events that are all in the public domain that were first used on dialup bulletin boards in many cases.

    By coincidence, my corporation owns some databases of gay/lesbian events and related material, if you'd like to do something for the gay market. I would be willing to license them on attractive terms. It would also be nice to remind the younger generation about the struggles and events that came before. You might even work some links into the program to sites that would have more information about the event, etc.

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