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Subject:
copyright lyrics in print
Category: Arts and Entertainment > Music Asked by: muse1111-ga List Price: $15.00 |
Posted:
28 Feb 2006 09:46 PST
Expires: 30 Mar 2006 09:46 PST Question ID: 701899 |
If I wanted to start a greeting card company and use famous quotes from poets, authors, or musicians (lyrics from their songs) and quote them on the front of a greeting card, would I be violating any law if I credit the writer (musician)? Would I need specific permission from anyone? Example: "From the very first time I set my eyes on you girl, my heart said follow through." -Bob Marley or "I have found that if you love life, life will love you back." -Arthur Rubinstein |
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Subject:
Re: copyright lyrics in print
Answered By: politicalguru-ga on 29 Mar 2006 23:54 PST Rated: |
Dear Muse, Before I begin to answer, I'd like to direct you to the disclaimer on the bottom of this page: "Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice". In other words, I am not giving you advice as a lawyer, and if you feel that you need a professional legal advice, please contact an advocate. There are two points here - whether quotes are protected by copyright, and whether your usage of these quotes would violate them. First of all, quotes are protected by copyright, and I'll explain. The quote is taken from somewhere: a song that the person has written, a book, an interview - it has been published somewhere, and the publisher - the song writer, the journalist who has written the article or their journal - they have the copyright. You can read more about copyright law here: <http://www.copyright.gov/circs/circ1.html> As mentioned before, if you contact the copyright owner, this is not a problem. However, acknowledging the source of the copyrighted material does not substitute for obtaining permission. Another possibility is to use only quotes that are older than 70 years. Shakespeare or Marx are not protected by copyright; neither are many other written texts and poems. See, for example, books that are included here: Project Gutenberg <http://www.gutenberg.org/> In addition, if the quote is part of a commentary or a parody, you might be able to claim for "fair use" within the protection of the law. Nevertheless, this is tricky and might get you in a legal battle, even if you'll win at the end. Fair Use <http://www.copyright.gov/fls/fl102.html> I hope this answers your question. Please contact me if you need any clarification on this answer before you rate it. |
muse1111-ga
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Great answer. Very helpful. Thanks so much. |
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Subject:
Re: copyright lyrics in print
From: terrymac-ga on 28 Feb 2006 20:00 PST |
If the lyrics or poems are contemporary, then you will have a copyright issue. That is not to say that you will not be able to license an excerpt of the lyrics for your card, but just that you will have to pay. For example, I wanted to use a few lines from Irving Berlin's song "Blue Sky" in a book that I published. I contacted the Music Publisher, Irving Berlin Music, and we negotiated a fee for that use. Some times you will be asked for a flat fee for unlimited use while others may limit the number of cards that you can print for x amount of dollars. My advice to you is to choose what you feel to be your 10 best uses of lyrics and then approach the publishers with an offer that makes financial sense to you and your business. They can only say "no" and if they do, chances are you will receive a counter offer. There are some lyrics and poems that you will never get the rights to use. Any Lennon-McCartney work would not be a possibility or any of the top poets. I tried to license an E.B. White poem for inclusion in one of my songs and it was a loud and decisive "NO". You might look to some songs or poems that are in the public domain although that may make it harder for you to sell to the younger demographics. |
Subject:
Re: copyright lyrics in print
From: myoarin-ga on 30 Mar 2006 04:19 PST |
"Fair use" will not cover your producing and selling cards. "Section 107 of the Copyright code (commonly called Fair Use) limits the rights of the author, allowing parts of a copyrighted work to be used without requesting permission. Such circumstances are limited to criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research. Nevertheless, Fair Use is NOT carte blanche to use any amount of a copyrighted work for any amount of time just because it is "for educational purposes. ..." www.washburn.edu/copyright/glossary/ |
Subject:
Re: copyright lyrics in print
From: politicalguru-ga on 24 Apr 2006 07:27 PDT |
Thank you for the rating and the tip! |
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