Pushing the Limits: Plagiarism or Simply a Quote?

To quote or not to quote~

So to avoid plagiarism, you Google the current definition of copyright, so as to avoid being sued.

Surprise!  There is currently no formula to ensure that a predetermined percentage or amount of a work—or specific number of words, lines, pages, copies—may be used without permission.                       https://www.copyright.gov/fair-use/more-info.html

Heaven forbid that it should be as simple as it used to be!

So is it a matter of Honor vs.Legality?

Writers often struggle with the fine line difference when creating their own articles or books.

·         Is quoting a written or spoken work OK?
Generally yes, if it's just a sentence or two, is in quotation marks and doesn't include a catchy slogan if it's just ordinary words

·         If it's just one sentence?
Generally yes.

·         If it's just 49 words or less?
That very handy old rule is no longer in effect.

·         How about if the words or phrase is trademarked™  as with a slogan?
NO unless you put the trademark symbol next to it.

When you do use an acceptable quote, honor that author by stating attribution: author, book or article title, publisher and publishing date. That's also a matter of honoring a fellow author.

Case in Point:

A few years ago, one of my book coaching clients got an official Cease & Desist request from a very large corporation several states away. It seems she had used the same 3 words

in the same order as one of the trademarked slogans this company owned! 

* Shock - Panic - Worry*

I connected the author with an intellectual property rights attorney. He contacted the Corporation, who used that phrase in all kinds of expensive branding and advertising. My client's attorney said they might or might not have a case. But they undoubtedly had a sizable legal division and ample time and money to keep taking her back to court.

She changed the title~

So when in doubt -- don't.
Create your own original version of those words.

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THE CURRENT GOVERNMENT DEFINITION OF COPYRIGHT

Copyright: A form of protection provided by the laws of the United States for "original works of authorship", including literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations.

 "Copyright" literally means the right to copy but has come to mean that body of exclusive rights granted by law to copyright owners for protection sole ownership of their work. Copyright protection does not extend to any idea, procedure, process, system, title, principle, or discovery. Similarly, names, titles, short phrases, slogans, familiar symbols, mere variations of typographic ornamentation, lettering, coloring, and listings of contents or ingredients are not subject to copyright. unless they are trademarked!

https://www.copyright.gov/help/faq/definitions.html