Can emphasizing a point qualify as fair use?

Question

I'm learning the ropes regarding fair use. An important key word appears to be "transformative." If I'm writing political commentary, and I violently disagree with someone else's opinion, I can quote them, then analyze what they said and rip it apart. I believe this qualifies as fair use even in a for-profit book.

But can I quote someone I agree with? For example, imagine if I write, "Climate change is progressing faster than anyone expected." Then, to back it up, I write the following:

I'm not alone. Check out what Dr. Franz Richard says . . .

(I then quote Dr. Richard saying something similar.)

Would this 1) qualify as fair use, 2) NOT qualify as fair use, or 3) qualify as a gray area that may or may not get you sued?

P.S. I tried to insert the tag "fair use," but it apparently doesn't exist.

Answer 1

That's (usually) fair use

It is not only acceptable in non-fiction writing to quote others to support your own points, it is very common. Just make sure that your quoting is attributed and not excessive.

According to the nonprofit Authors Alliance:

In nearly all of the best practices statements, authorial communities have concluded:

Principle

Fair use applies when the copyrighted material is being used to illustrate, support, or prove an argument or a point (subject to the limitations below).

This is also a longstanding principle reflected in court decisions.

The principle recognizes that authors’ arguments are much stronger and clearer when they are supported by examples.

Existing best practices statements and courts identify several important limitations that can guide authors when they are using copyrighted material to illustrate, support, or prove an argument or a point.

Again, a key limitation is that authors should only use as much of the copyrighted work as is reasonably appropriate for the reader to assess the validity of their point.

Limitation

The amount copied should be reasonable in light of the illustrative purpose.

Another limitation is that merely decorative or entertaining uses of copyrighted material under the guise of illustration are inappropriate. Instead, there should be a clear connection between the copyrighted material and the point being made. That said, at least one statement of best practices explicitly states that “should a work chosen for its significance to an argument also be entertaining, that fact should not disqualify the use from being considered fair.”

Limitation

The copyrighted material should not be reproduced for its intrinsic, expressive purpose. Uses that are solely decorative or entertaining should be avoided.

Finally, it is considered best practice to credit, in a reasonable manner, the author of materials that are copied.

This is from their book Fair Use for Nonfiction Authors: Common Scenarios with Guidance from Community Practice by Brianna L. Schofield and Robert Kirk Walker, published under CC BY 4.0. You may want to check out the full book (freely available online) which also cites some court cases.