Go Back   LegalMatch Free Legal Advice Forums > Law Forums > Intellectual Property
FAQ Members List Calendar Search Today's Posts Mark Forums Read

Find a Lawyer Now By Category:
Family & Divorce Criminal Defense Job & Employment Personal Injury LegalMatch on Facebook
  Real Estate Lawyers Immigration Business Lawyers Other Lawyers LegalMatch on Twitter
LegalMatch is Fast, Free and Confidential
LinkBack Thread Tools Display Modes
Old 08-12-2011, 12:40 PM   #1 (permalink)
Junior Member
Join Date: Mar 2011
Posts: 1
Question Legally quoting: paragraph vs. poem vs. chart

What are the guidelines for quoting (with attribution, of course) a chart or graph? My understanding is that:

1) You are USUALLY o.k. in quoting a couple of sentences or a short paragraph, say, 30 to 40 words, WITHOUT formal permission.

2) BUT - if those 30 or 40 words contained a poem, e.g. a haiku, you could NOT quote without permission. The haiku is viewed as an entity.

3) My question is what if those 30 or 40 words included some words written on an arrow, or included a graph or chart (x axis, y axis)? Is the chart or graph automatically considered the equivalent of a haiku - an entity by itself? Therefor you may not quote it without receiving permission.

OR - is the chart or graph considered part of the 30 to 40 words and not subject to special treatment? USUALLY you should be o.k. to quote it?

Thanks for any guidelines you can give me. Publishers are not responding to requests re a textbook I am writing.
projectsjh is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Old 02-03-2012, 04:49 AM   #2 (permalink)
Junior Member
Join Date: Feb 2012
Posts: 2
The length of the quote is not really the issue. When courts are looking to see if copying has occurred, they mainly look to see how important the quotes are in capturing the essence of the work. A quote that captures the "heart" of the work is likely to be found an infringement, even if it's short. Of course, the longer your quote gets, the more likely you are to be stealing the essence of the work.

That being said, expression is copyrightable, but information is not. What do these graphs depict? If they depict some form of research, you would probably be okay copying the information without violating copyright. The graph itself could be a copyrightable form of expression, depending on how unique it is, but if its just a bar graph or a line graph, it's probably not protectable.

Keep in mind that using someone else's research may not be copyright infringement, but it might still be some form of misappropriation, depending on what it is and how you're using it. Using someone else's book of research to create your own competing work in the same category could land you in trouble.
JumboFish is offline  
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

All times are GMT -7. The time now is 03:44 AM.

Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.