BetterPhoto Q&A
Category: Selling Your Photos

Photography Question 

Deborah A. Ciullo
 

Permission to Use a Quote on a Photo


I wanted to use a famous quote on one of my photographs that I plan to put up for sale on a Web site. Is there any special permission you need to do this? What if the quote was written by a well-known deceased author?
Thank you.


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November 08, 2006

 

Mark Feldstein
  Depends on a couple of things: The general rule is that to use copyrighted materials, including in the manner you asked about, you need written permission from either the author, or the author's heirs, or assigns, or the publisher that may be the entity holding the copyright rather than the individual author.
This also depends on whether the copyright continues to be valid - i.e., whether it's lapsed as a matter of time or been renewed.
So, your best bet is to contact the publisher of that particular work. Be specific in what you want, enclose a photocopy of the photo you want to attach the quote to, make sure you tell them that you'll give the author appropriate credit and see what they say.
If you're talking ISBN numbers and U.S. copyright law, you can find the whole scoop on copyright law, except how to interpret it at http://www.copyright.gov. If you need help interpreting a particular part of the statute, I recommend you go talk to a lawyer in your area who specializes in intellectual property law. You can find one by calling the lawyer referral service of your local bar association.
One last bit of info you might find useful: Don't do what you're proposing here without taking the necessary steps to contact the publisher, etc. Taking the risk of using it without permission means you'd also be taking the risk of getting caught and that just ain't worth it, especially for the price of a photograph.
Take it light.
Mark


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November 08, 2006

 

Deborah A. Ciullo
  Thanks for the information Mark. I appreciate your help!
Debbie


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November 08, 2006

 

Dawn T. Palmerley
  I read that you can use a quote as long as you add the name of the person who quoted it so that you give them credit.


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February 25, 2007

 
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