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{{policydraft}}
For most questions relating to copyrights — including the re-use of Wikiquote material and the reporting of copyright infringement — refer to the [[w:Wikipedia:Copyrights|Wikipedia copyright policy]], which also applies to Wikiquote. But note: though Wikiquote content is licensed under the [[w:GFDL|GFDL]], ''much of the content on Wikiquote is derivative of copyrighted material and is used under the "fair use" clause of U.S. copyright law''.
==Copyrights and quotations==
Despite what many people think, quotations ''can'' be copyrighted if they have been previously published, like any form of work. Though many works are in the public domain, many are also not, and require some consideration before using. Because Wikiquote is "published" in the United States, U.S. copyright law contains the relevant statutes for the project.
===Fair use===
Most quotations, because of their short size, are not copyright infringement because they fall under the "fair use" clause of U.S. copyright law. "Fair use" of copyrighted materials is formally determined a court of law — that is, when one party sues another for copyright infringement. Courts have previously relied on a four-factor test for whether or not a given "use" of copyrighted materials is "fair":
:# the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
:# the nature of the copyrighted work;
:# the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
:# the effect of the use upon the potential market for or value of the copyrighted work.
The Wikiquote "response" would be the same in the first two instances no matter what: the purpose of the quotations on Wikiquote is educational and Wikiquote is run by the non-profit Wikimedia Foundation; the content should consist primarily of short quotations and their references. The last two factors though are ''extremely'' important to the legal status of Wikiquote. If the quotations taken from a copyrighted work are not a very small amount compared to the copyrighted work as a whole, their use will likely ''not'' be "fair use". Furthermore, depending on the type of copyrighted work they are taken from, they may potentially affect the future market for the copyright holder. In two previous court cases, they can be far less than one might expect. Though they were for for-profit enterprises, courts ruled that as little as forty-one quotations from the ''Seinfeld'' television series was enough to cut down on the ability of the copyright holder to earn profits from their own quotation and trivia books![http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter9/9-c.html]
===Guidelines===
As such, it is important, especially when quoting from things such as movies and television series, but also other published works, to make sure that there are '''not too many quotes from any single copyrighted work'''. Be especially careful not to even take too many quotations from a single television or movie series (which could potentially be held under one large copyright claim as well as per-episode copyright claims).
If this simple rule is followed, most Wikiquote use of copyrighted materials should easily fall under the "fair use" clause. For more information on the "fair use" clause, see the [[w:fair use|Wikipedia article on the subject]].
If you believe that a given article has too many quotes or excerpts from a copyrighted work on it, please add the text '''{{tl|checkcopyright}}''' to its talk page. This will cause it to go into a queue for review and possible revision.
==Licensing and downstream use==
Any material produced specifically ''by'' editors of Wikiquote — which may include the selection and arrangement of quotes — is licensed under the [[w:GNU Free Documentation License|GNU Free Documentation License]]. Most quotations are, by their nature, either from [[w:public domain|public domain]] sources or [[w:copyright|copyrighted]] sources, and are subject to their own licensing requirements (or lack thereof) aside from any imposed by Wikiquote.
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