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I had asked about using quotes from another author when one is publishing an 
article or book and whether one could quote a certain amount without publisher 
permission.


Several people asked me to post Cynthia's response...so I do so below with many 
thanks, once again.


Laura Manthey
Alta Vista Elementary School Library
Los Gatos, CA
lsmant@aol.com



<<The answer to your question depends on how you're going to use the quote. Are 
you going to print it for publication and are you going to sell the work? If so, 
you must get permission or you risk a copyright violation. Is it for student 
use? Then the answer is that an individual student can use as much as needed for 
an individual project. Is it for teaching use? If so, then I'd look at fair use 
guidleines. See http://www-sul.stanford.edu/cpyright.html which says, "There are 
no explicit, predefined, legal specifications of how much and when one can copy, 
but there are guidelines for fair use. Each case of copying must be evaluated 
according to four factors:

   1. The purpose and nature of the use.

      If the copy is used for teaching at a non-profit institution, distributed 
without charge, and made by a teacher or students acting individually, then the 
copy is more likely to be considered as fair use. In addition, an interpretation 
of fair use is more likely if the copy was made spontaneously, for temporary 
use, not as part of an "anthology" and not as an institutional requirement or 
suggestion.

   2. The nature of the copyrighted work.

      For example, an article from a newspaper would be considered differently 
than a workbook made for instruction. With multimedia material there are 
different standards and permissions for different media: a digitized photo from 
a National Geographic, a video clip from Jaws, and an audio selection from Peter 
Gabriel's CD would be treated differently--the selections are not treated as a 
equivalent chunks of digital data.

   3. The nature and substantiality of the material used.

      In general, when other criteria are met, the copying of extracts that are 
"not substantial in length" when compared to the whole of which they are part 
may be considered fair use.

   4. The effect of use on the potential market for or value of the work.

      In general, a work that supplants the normal market is considered an 
infringement, but a work does not have to have an effect on the market to be an 
infringement. "
Also see http://fairuse.stanford.edu/ for more specific information.>>




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