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Author Topic: Historical-Fiction quotes
legolasgalactica
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I’m writing a story built off of a scriptural account. I would not only like to stay true to the story as given in scripture but also include much of the speeches, sermons, dialogue, etc. either verbatim or as a close rewording/summary. Where it’s from a book of scripture, do I need to have copy rights and permissions? Do I need to site sources?
Any advice or thoughts on this subject would be helpful.
Thanks.

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Meredith
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Not a lawyer.

That said, copyright has a term, which has changed over the years. Currently, it's author's life plus 70 years. Mostly, earlier copyrights were shorter than that.

Therefore, anything I would consider scripture is in the public domain.

You might still want to cite sources.

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RyanB
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If you're talking about the bible, it depends on what version you're using. The KJV is definitely public domain. NASB, NKJV and NIV are copyrighted. What that means is their specific interpretation, the structure of the sentences are copyrighted. The overall story, names, places, etc. are public domain.

There are some modern versions that are either public domain or have looser copyright terms because the authors have decided to do that. You'll just have to research the specific version you're considering using.

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History
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According to the Copyright Act, any work published prior to 1923 is in the public domain. This means many older translations are fair use:

King James Version
Revised Standard Version (but not the NRSV)
Duoay-Rheims
Young's Literal
Darby
JPS Bible (but not the New JPS nor the Jerusalem Bible)

See: http://christianity.stackexchange.com/questions/16377/what-major-translations-of-the-bible-are-in-the-public-domain-and-therefore-not

I recommend the JPS (1917) edition. http://www.mechon-mamre.org/e/et/et0.htm

Respectfully,
Dr. Bob

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MAP
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I'm not a lawyer either, but you cannot use other people's words as your own whether the material is still under copy right or not. If you directly quote any book, you must cite the original source.

I am not sure if this is what you mean, but I thought I'd make that clear just in case.

[ June 20, 2013, 07:44 PM: Message edited by: MAP ]

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extrinsic
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I'm not a lawyer either, though I have extensive education, training, and experience as an editor in intellectual property law. Many writer and editor publishing concerns require the expert consultation of intellectual property lawyers. I don't think this scenario is one of them.

Yes, accurate citation (cite) faithfully attributes quotations and paraphrases to their original sources. This is a writer's duty.

Yes, works still under copyright may require express permission for use. Though use permission for scriptures under copyright is a potential minefield, owing to the character of derivative works and translations, the Fair Use Doctrine and Incidental Use Doctrine may allow some uses without express permission. Regardless, when in doubt, request a use license through, for example, a copyright clearinghouse. Many times for any use of any kind, a no-fee or low-fee license may be granted and not be too tedious a red-tape process.

Meredith and History note the general areas of U.S. copyright law property expiration. British Commonwealth copyright practices are similar. Some works' copyrights may have expired earlier though. In each case, always double-check whether a work is protected or protection has expired and proceed accordingly.

I don't believe, however, that those are the issues at the forefront of historical scripture fiction concerns. One, how to respectfully and artfully cite is more appreciable. In a works cited appendix? Footnotes? In-text parentheticals? All of those methods are appropriate to scholarly work and potentially disruptive and alienating for fiction readers.

A method commonly and effectively used in prose, both fiction and creative nonfiction, is to artfully cite in line in text. Citing scriptures in prose and film notices book, chapter, and verse in such a manner that it's part of the natural conversation through echo, colloquy, non sequitur, or squabble dialogue. For example, Montgomery says, "Do unto others as you would have them do unto you. Mark 7:12." Harry responds, "Matthew." "Huh?" Montgomery says. "The verse is from Matthew, not Mark," Harry says. "Prove it," Montgomery says. Echo, non sequitur, colloquy, and squabble dialogue. Anyway, the Biblical verse cite is attributed in line in text, not in a parentheses-bracketed cite attribution, but as a spoken parenthetical part of the natural conversation.

Two, I don't feel that precise accuracy of citing biblical texts, scriptures, and events therein usages demands use of attributive works. Recent biblical translations may be open to question whether they address their intents adequately, timely, and relevantly for contemporary audiences. In other words, a False Document internally factual to a novel, short story, and such, created by a writer, may be used instead for innovative, imaginative, artful effect.

Why not invent one or more False Document scriptures (gospels, sermons, psalms, parables, ostensibly newly discovered) that express the intent and message and meaning intended, that are faithful to the message and intent and belief system, and that are persuasive, timely, and relevant to and for contemporary audiences? This is creative writing, after all.

[ June 20, 2013, 04:57 PM: Message edited by: extrinsic ]

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legolasgalactica
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Do i need to cite it if its a well known figure of history/Scripture that is the character and he says and does what he did in real liFe? Say, for example, if people in the story come to hear the sermon on the mount and hear Jesus teaching the people what he actually taught?
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extrinsic
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A cite is the actual quotation. Attribution is attributing the cite to its original creator. Yes, a cite as a best practice ought to be attributed to its creator even if the person and the cite are widely well-known. How to attribute doesn't necessarily have to be formal. How can be as artful as needed to leave no doubt of the person's identity. Someone might say his name. Someone might recognize who he is and think the name or say the name aloud. A narrator might tag a thought or dialogue line with his name.

"Give to Caesar what is Caesar's," Jesus said; thinking, And give to the temple what is the temple's. No, to the Holy Father. "And give to God what is God's."

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legolasgalactica
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So writing "Moses said unto Pharaoh: 'Let my people go' " is a sufficient citation if I were writing that story? I don't need an appendix or footnote showing the chapter and verse somewhere--even if it is a less well-known story and character from the bible?
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extrinsic
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While Exodus is widely known, 7:26 perhaps one of the most widely known Exodus quotes, "need" to attribute cites from it are less appreciable since it is in the common domain. Lesser known books or characters likewise are in the common domain. On the other hand, artistic or rhetorical purposes may justify or even artistically demand doing so. A modern era Bible or pulpit thumper character may want to express his or her ethos (credibility) and, consequently, for a creative writer's purposes, that character's personality traits, by citing and attributing Old Testament sayings and events.

Contrarily, a person living in the New Testament era may not logically have access to an Old Testament codex (scroll). But because the Torah was cited in that era, may instead attribute cites to that text. Or attribute cites to the emerging teachings and letters of early Christians who went before.

Developing creative intents and meanings and verisimilitude, setting, character, plot, theme, event, and voice may call for artful attribution of cites in some circumstances or be burdersome in others. I think character development would be most dependent on attribution, so that a citer's ethos and kleos (reputation) would lend themselves to the veracity and verisimilitude of the message in the moment, place, and situation of the uttered cite and attribution, even in New Testament times.

[ June 22, 2013, 03:53 PM: Message edited by: extrinsic ]

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