The publisher I work for wishes to use a small extract from a TED Talk as an epigraph in a forthcoming book. The content of the talk has not been published anywhere else.
Are we obligated to request permission from the speaker given that we intend to use the extract as an epigraph?
Quoting TED Talk
Re: Quoting TED Talk
Hi teepeemckay,
What you propose should not need permission as it will fall within the exception for quotation (section 30(1ZA) Copyright Designs and Patents Act 1988). Although this is a UK/EU exception, something very similar applies under the US doctrine of fair use. Effectively this shoulld mean that even if the speaker is based outside the UK no infringement will take place. However to comply with the UK fair dealing rules you would need to provide a credit to the source, ie the speaker in the TED talk.
What you propose should not need permission as it will fall within the exception for quotation (section 30(1ZA) Copyright Designs and Patents Act 1988). Although this is a UK/EU exception, something very similar applies under the US doctrine of fair use. Effectively this shoulld mean that even if the speaker is based outside the UK no infringement will take place. However to comply with the UK fair dealing rules you would need to provide a credit to the source, ie the speaker in the TED talk.
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
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teepeemckay
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Re: Quoting TED Talk
Hi AndyJ,
Thank you for your thorough response. I think I was being overly cautious because we tend to treat epigraphs with special care, as opposed to other forms of quotation within the main body of our texts. Good to know that in this context it can be considered fair dealing/fair use.
Best wishes,
Teepeemckay
Thank you for your thorough response. I think I was being overly cautious because we tend to treat epigraphs with special care, as opposed to other forms of quotation within the main body of our texts. Good to know that in this context it can be considered fair dealing/fair use.
Best wishes,
Teepeemckay