Fair Use for Authors: Quoting Other People's Work

By Kennedy Longham, Entrada Publishing · Published September 16, 2026

Fair use is a legal defense, not a fixed rule with a specific word count that's automatically safe, and it's decided case by case based on four factors courts weigh together, which means there's no universal "you can always quote up to X words" threshold, whatever you may have heard. Understanding the actual factors gives you a far better sense of your real risk than any word-count myth does.

This article provides general information, not legal advice. Fair use determinations are genuinely fact-specific and decided case by case; when in doubt, especially for anything commercially significant, consult an intellectual property attorney or simply seek permission.

This is part of the Complete Guide to Copyright for Authors.

The Four Fair Use Factors

U.S. courts weigh four factors together when evaluating a fair use claim, and no single factor is automatically decisive:

1. The purpose and character of the use. Is your use transformative, adding new meaning, commentary, or purpose, rather than simply reproducing the original? Criticism, commentary, and scholarship tend to favor fair use more than using material purely for its own appeal.
2. The nature of the copyrighted work. Using factual or nonfiction material tends to favor fair use slightly more than using highly creative or expressive work, like fiction or poetry.
3. The amount and substantiality of the portion used. This isn't purely about word count; using a small amount that happens to be the "heart" of the original work can weigh against fair use even if it's technically brief.
4. The effect on the market for the original work. Would your use substitute for someone buying or accessing the original? This factor often carries significant weight in practice.

Why "15 Words Is Always Safe" Is a Myth

There's no legally established word count that automatically qualifies as fair use. A short quote can still fail a fair use analysis if it's the most distinctive, memorable part of the original work, or if it's used in a way that substitutes for the original rather than commenting on or engaging with it. Conversely, a longer quote used for genuine critical analysis might be defensible. Word count is one consideration among several, not a bright-line rule.

What Tends to Favor Fair Use

• Genuine commentary, criticism, or analysis of the quoted material, where the quote is necessary to make your point
• A clearly transformative purpose, using the material in a new context or for a different purpose than the original
• A small portion relative to the whole original work, especially if it's not the most distinctive part
• No meaningful effect on the market for the original work, your use isn't a substitute for someone buying or reading it

What Tends to Work Against Fair Use

• Using a quote primarily for its own appeal or entertainment value, rather than to comment on or analyze it
• Quoting a large portion of a short work, even if the absolute word count seems modest
• Using material in a way that could substitute for the original, potentially affecting its market
• Using highly creative, expressive work (poetry, song lyrics, fiction) rather than factual material, since courts tend to give creative works stronger protection

A Practical Approach for Authors

• When quoting for genuine commentary or analysis in a nonfiction context, and using a modest portion relevant to your specific point, you're in a reasonably defensible position, though not a guaranteed one.
• When you want to use a quote primarily because it's evocative or meaningful, without commentary or analysis attached, you're in weaker territory, and seeking permission is the safer path.
• When quoting song lyrics, poetry, or other highly creative short works, treat fair use as unlikely to apply, even for a single line. See Using Song Lyrics, Images, and Trademarks in Your Book Legally.
• When in doubt, ask. Requesting permission is often simpler and cheaper than the uncertainty and potential risk of relying on a fair use defense that hasn't been tested.

What About Citing Sources?

Proper attribution (naming the author and source) is good practice and relevant to academic and journalistic integrity, but it is not, on its own, a fair use defense. You can properly cite a source and still be found to have infringed if your use doesn't otherwise meet the fair use factors; citation and fair use are related but separate concepts.

When to Just Get Permission

For any quote that's central to your book, that you're relying on heavily, or where you're genuinely uncertain about fair use, requesting permission directly from the rights holder (often the publisher for books, or a licensing organization for music) is the more reliable path. Permission requests can take time, so build this into your production schedule if you know you'll need it.

Have Questions About Quoted Material in Your Manuscript?

While Entrada doesn't provide legal advice, our editors can help flag quoted material worth a closer look before publication.

Email Us →

Sources

• U.S. Copyright Office: More Information on Fair Use

Keep Reading

• Using Song Lyrics, Images, and Trademarks in Your Book Legally
• What Does Copyright Actually Protect?
• Copyright and AI: What Authors Need to Know