You love a poem you saw on the Internet and want to quote it in your book. But is that plagiarism? You want to quote a passage in a book but you're not sure whether you need to ask permission or not. What counts as fair use and when do you need permission to use a copyrighted work?
All the time I see people stealing from other people on the Internet by reposting their articles, stories, or photographs. Before you post anyone else's information on your Website or use it in your book, you need to get permission. Yes, there are such things as public domain and fair use, but it's always best to be safe regardless. Before you decide to use something that belongs to someone else and risk angering that person and facing a potential lawsuit, ask yourself a few questions:
1. Do I really need this piece of information, poem, cartoon, or whatever it is? Will my book or Website be okay without it?
2. Is this item in the public domain?
3. If it's not in the public domain, can I use part of it under the fair use laws?
4. Can I rewrite or reword the work and then reprint it?
5. Is giving credit enough?
Let's look at each of these questions in detail.
Do I really need this piece of information? Will my book or Website be okay without it?
I can almost guarantee that in every situation the information, document, poem, cartoon, or whatever it is, is something you can do without. Why use someone else's property to illustrate your own? Hire your own cartoonist, artist, or write your own poem. If you can not do that, then look for one in the public domain. If you, however, absolutely want to include something that is copymitted, then be prepared to pay for it. You will need to contact the owner or his or her heir for permission, and you will doubtless have to sign some sort of document promising you will only use it as you are given permission to do so. You will also usually have to pay to use it, especially if it is for commercial purposes, such as in a book you plan to sell, and you'll usually pay dear for it in the hundreds of dollars or more is not uncommon. At that price, do you really need to include it in your book or on your Website?
Is this item in the public domain?
Just what constitues public domain? It varies by country and by the kind of work it is. Today for authors, copyright in the United States is for life plus 70 years, so if I were to die tomorrow, it being the year 2012, anything I write would be copyrighted until 2082. However, copyright laws were less stringent in the past so some works may have sender copyright that have expired. As a rule, if an author or artist has been dead since 1941 or earlier, you're probably safe, but it still never hurts to investigate. Furthermore, while an old work like "Don Quixote" may be in the public domain, that does not mean a modern translation of it is.
What counts as fair use?
If a work is not in the public domain, a lot of the time you can still use a small part of it if appropriate, such as a quote or passage, usually not to exceed a page. That said, a short work like a poem can not be used in its own entity since its short length because you will be using the whole work, but you might be able to quote a verse or stanza from it. Even so, in such cases it is best to play it safe and ask for permission to quote from the work in your book or on your Website. What constituents fair use depends on many circumstances including: the purpose of its usage, whether it is commercial or charitable, whether the quote is used to promote the work such as in a book review, or where your use of it will harm sales of someone else's book because you provide too much information from it.
To go direct to the source, here is what the 1961 Report of the Register of Copyrights on the General Revision of the US Copyright Law cites as examples of fair use:
"quotation of excerpts in a review or criticism for purposes of illustration or comment; quot; short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a News report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitive reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported. " (source: http://www.copyright.gov/fls/fl102.html )
There are always fine lines that exist in using someone else's work. Even if you are sure it falls under fair use laws, if it's not in the public domain, it's best to ask for permission to use the work, and if that seems impractical, it is always best to consult an attorney.
Can I rewrite or reword the work and then reprint it?
You may paraphrase a work by giving a summary of a basic idea, provided you give credit to the source, but you may never rewrite someone else's work and pass it off as your own, or even as their when it is written. And even when you paraphrase an idea, it is still someone else's idea (intellectual property) so you must give credit where it is due.
Is giving credit enough?
No, it's not enough to give credit. You need permission to reprint as well, except as noted above, it is in the public domain. You must always give credit to the owner, whether it be an author, publication, artist, another Website, etc. It is usually sufficient to state who is the original creator or copyright holder of the work. For a poem, provide the title and the author's name. For a passage from a book, you can state, "George Smith states in his book 'My Brilliant Ideas,' that:" Depending on your own book or Website, you may want to consult a style manual for how best to cite a source . "The Chicago Manual of Style" is the preferred style manual to use for most books, although others exist depending on the kind of book you are writing, such as the "Publication Manual of the American Psychological Association" (APA style) or the " Christian Writers Manual of Style. " If you receive permission to reproduce copymitted material, make sure you ask the owner how you are to cite that permission to reprint the work.
Always find out if a work is copymitted and always give credit where it is due. Then you will avoid issues of fair use violation, copyright infringements, and plagiarism that can later come back to haunt you.