Monday 4 August 2014

FRESHMAZA.COM

The copyright does provide a few explicit purposes that qualify as fair use: commentary, criticism, and critique, for example. (This is how book reviews are allowed under copyright law, for example.) But there are other uses not specifically mentioned here, and whether or not your use is considered fair use, at the end of the day, must be decided by the courts -- the last place you want to end up.

Before it gets to that point, it's a good idea to look at the other factors so you can have some idea of whether or not your use might be considered fair.

With respect to song lyrics, look also at the factor relating to the amount of the work used. While there is no set percentage of the material that will be allowed at fair use, consider that quoting a mere two lines will be a more favorable use than reproducing the entire song.

Along these lines, the last factor can also help you determine whether or not your use might land you in hot water. The further the market for your new work is from the original market for the original song, the better your chances.

Here's an example. If you're writing a fiction novel and your protagonist walks into a coffee shop, a few lines from a song might be playing on the radio. Mentioning these lines helps to place your character in a certain time period; it likely does not detract from the original market or potential value of the song in the way that, say, reproducing the entire song in a Songs of the Century collection might.


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