Omaha, NE asked in Copyright and Intellectual Property for Nebraska

Q: If I make a podcast where I review books and highlight their essential details, am I committing infringement?

I plan to give credit to the author and don’t plan on quoting the book directly. I’m just wondering if I’m crossing a line between doing a “book review” and committing infringement

1 Lawyer Answer

A: What's described sounds like "Fair Use" under Section 107 of the Copyright Act; e.g., criticism, comment, news reporting, teaching, scholarship, and research are forms of freedom of expression and are likely fair use.

Of course, "fair use" is simply a defense to a claim of copyright infringement - while it ultimately may be a successful defense, "fair use" can't prevent a lawsuit from being filed if the copyright owner is adamant. Nevertheless, if only snippets of books are being referenced (and even directly quoted) in order to review the books, such limited uses likely qualify as permissible criticism and commentary, and the copyright owners would be hard pressed under those circumstances to pursue a successful infringement claim.

James D. Williams and Julie Fowler agree with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.