Wants to Quote Movie Dialogue in Novel

Dear Rich: I don't see anything in your Getting Permission book on getting permission to quote dialog from films. I assume that the process is similar to getting permission to quote song lyrics, but it would be better if you covered this in detail. I want to quote with attribution some movie dialog in a novel I am writing. Any suggestions? Speaking of film dialogue, we were surprised recently when reading the French classic Pere Goriot to find a line about someone "making him an offer that he cannot refuse." Did Balzac travel to the 20th Century, watch the Godfather, return to the past and copy the movie dialogue for his novel? We guess we'll never know.
Right, you had a question. The rules for using film dialogue in a novel are the same as for all text uses (explained in Chapter 2 of the book). As you're probably aware, there is no fixed amount of words that you can use without permission, although some uses are so minimal as to be considered de minimis (scroll down). The difference with using film dialogue is that it's often difficult to figure who owns the rights and even harder to get permission for the use.
Why is it difficult to get permission for movie dialogue? Generally the studio (or a producer) owns all rights to the movie including the dialogue. But in some cases, screenwriters may retain rights. In other cases, if the movie were based upon a book, the author may retain certain rights. That's the challenge when using one layer from a multi-layered work -- determining who has the right to grant permission. Even if a studio does own the rights to the dialogue, you still have the practical problem of finding the person authorized to grant permission (and convincing that person not to hang up on you).
What's a novelist to do? If you're publishing the book yourself, you're probably less at risk because you won't be indemnifying against infringement. Publishers get uptight about stuff like that and insist on some security in the form of warranties and indemnity. On the other hand, a publisher may be able to assist you with getting rights and permissions from a studio. If you're on your own and you're still concerned about getting chased, consider whether you can make a realistic fair use claim. That is, can you demonstrate that your use of the dialog is transformative -- for example, Woody Allen's use of dialogue from Casablanca in Play It Again, Sam, was transformative (though Allen likely acquired permission for that and the film clips).
Speaking of great movie dialogue ... we're partial to Things Change (Don Ameche's swan song). It's got dialogue -- written by David Mamet and Shel Silverstein -- with some serious staying power.

Wants to "Own" Shakespeare Phrase for Merchandise

Dear Rich: I have a plan to use a "theme" idea involving stories that were told to me by friends of mine at a retreat. I would use these stories in a book and title it with a quote from a Shakespeare play that fits the subject matter very well. I recorded and transcribed the stories and prepared the book proposal. I received permissions from the original participants and have developed stories beyond original telling and will use pseudonyms for the participants. My questions: (1) Can I use the Shakespeare phrase as title of book, in logo and brand, on cards, plaques, and entire product line? I searched the trademark database for phrase and there were no results. I grabbed .com domain name with phrase and there were no other domains using the phrase. (2) What do I need to do to "OWN" that phrase so that I can feel free to license it to appropriate product partners, or to enter into strategic partnerships with various companies to create gift packets with book and products, like candy and greeting cards. I also want to take the idea on the road to gather more stories after my website will launch and then once the book is published as the part of the book tour. (3) Do you think that I need a lawyer to guide me through these early stages so that the correct and necessary legal infrastructure is set in place to allow for graceful launch of this commercial universe? If so, do you have any referrals? 
All that glistens is not gold. Your plan is admirable and ambitious but we're always a little wary of attempting to plan the launch of a commercial universe all at once. We think it's usually better to take it step by step and see what works and what doesn't. With that caveat in place, here are the answers to your questions.
Good enough to call your own.  The idea of "owning" a Shakespeare phrase for merchandise is possible but it requires money and diligence. As you're aware, "ownership" of the phrase would require that you acquire trademark rights. (And as with all intellectual property rights, your claim will only have value if you have the money to go after those who infringe your trademark.) For each class of merchandise, you will need to register a trademark claim (between $275 and $325 per class, depending on how you register). So, candy would be in one class, greeting cards another, etc. By the way, if you register the phrase for greeting cards, that would give you the right to use the phrase for a line of cards; it wouldn't guarantee your exclusive right to use the phrase as the card's message. You can get the trademark registrations only by using the mark on the goods in commerce -- that is, you'll need to be selling the goods to get the rights. However, you can reserve the mark by filing an intent-to-use application, provided you have a bona fide intent to use the marks on the goods. Also, you cannot get trademark rights for a single book, but you can get it for a series of books.
What's in a name? As for using Shakespeare quotes for a book title, no problem, though you might want to check this site to avoid any confusion.
Let's kill all the lawyers. As for your last question, the Dear Rich Staff cannot refer you to any attorneys although there are many online sources for locating attorneys (including our employer's legal directory). As for doing the legal work yourself, that's always possible. Publishing the book won't bring up many legal issues and it sounds as if you have the necessary releases. More can be found in our Getting Permission book. As for the licensing deals, those probably will involve a lawyer and we would recommend contacting one once you have a solid offer in hand.

how funky is ur chicken?

Friday-wear is very typically American. You have this office uniform, and then suddenly it’s the weekend and it’s the opposite. I think it’s better to mix the two and make officewear a little less formal and Friday-wear a little less casual. - Lucas Ossendrijver from Lanvin.

just a coincidence.. but it normally applies to me. ilove wearing jeans at work and trousers on sundays..?? pencil skirts on saturdays, then baby-doll dresses on mondays.. ??

and this was sunday.

btw, this is the best i can get from my sony t100 on a bad, cloudy weather and bad hair day. i really want to trade my cam for anything canon.. we just started hating each other since i don't remember when.

hey mouse! aim for the cheese... !! *cough* yes, i already did my shopping duties *cough* and dad, its not my fault.. its HERS >:)

im also really lazy lately... too much AIDS at work i guess.

As

If

Doing

Something

- does this normally happen when u know ur leaving?

tank: topshop. trousers: h&m. shoes: zara. turban (i had since '05): only. not-so fave sunnies. m&s.

quote: from marcustroy

october 2006

(2nd post for today, wee bit personal post)

OCTOBER 2006 - the 2nd time i came to Shanghai, and also the time when i told myself, "God i really want to work here..."

and true enough, He answered my prayers.

I got accepted in a company that same month, and was hired as management trainee for china projects - then left August 2007.

It has been one of my goals in college - to work abroad and earn my own money for my own vanities, next to being able to speak mandarin - the language that i regretted not to have taken too seriously (for 12yrs) until China was dubbed to become the "next" superpower. and I couldn't ask God for more... for making all these things possible.. because honestly, im the ONLY one among my friends (who dreamed the same thing) who happened to make this REAL.

BUT it wasn't as sweet as having strawberry shortcakes and as glam as we have always imagined it would be - partying and shopping til we drop and all - NO. i forgot to realize that working somewhere means leaving EVERYTHING and EVERYONE behind... you have to be one tough cookie! and i am just a dough. its not like studying abroad either, since u usually have friends / classmates who u can always rely with especially if "homesickness" begins to struck - NO. now that ur working, u have to learn how to stand on ur own.. u can never trust everybody and u have to take your responsibilities more seriously. its really hard.. and i had my share of crying to my mom over the phone, asking her to pls take me home. but she won't, and i can't, since i already gave my word to the company.. so i thought, maybe i just need to do what i came here for..

during the process, i think ive learned alot and became more mature. i can honestly say, im no longer dependent. in fact, im too INdependent that my friends (mostly male) here are complaining - on how i always make my OWN plans - being solo and meeting people everywhere, and not bringing them! ~hehe. on how i managed to walk the streets of Shanghai on my own and never got lost. when bored (and allowed by my boss), i would also buy a plane ticket and go home, even for just 4 days...

i filed for resignation 2 weeks ago - and that was my secret.

photo creds: shanghai, october 2006.

and this is me today... accomplished.

i could just look at the clouds everyday and thank God for everything.. :):)

ADD:

Orison Swett Marden writes: "The moment you resolve to take hold of life with all your might and make the most of yourself at any cost, to sacrifice all lesser ambitions to your one great aim, to cut loose from everything that interferes with that aim, to stand alone, firm in your purpose whatever happens, you set in motion the forces implanted within you for your own development. Live up to your resolve, work at what God meant you to work at for the perfecting of His plan, and you will be invincible. No power on earth can hold you back from success."