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#21364 - 08/19/05 08:16 PM Copyright issue
Jay Offline
journeyman


Registered: 08/18/05
Posts: 65
Loc: St. Louis MO
Does anyone know how much of the words to a song you can legally use without permission? I've altered more than one story for fear of legal repercussions to either me or the Website.
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#21365 - 08/19/05 08:26 PM Re: Copyright issue
Pleasured Offline
member


Registered: 05/17/02
Posts: 115
I don't know that there is a legal limit. If you are quoting a line or two, or perhaps even a verse, you are probably okay, although you should give credit to wherever it came from, just like any quotation from a book. It is what is called, I believe, fair use.

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#21366 - 09/03/05 12:35 AM Re: Copyright issue
homer5898 Offline
enthusiast


Registered: 06/12/05
Posts: 333
Loc: philly,pa
i think its up too seven words, but dont qoute me on it
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#21367 - 09/07/05 06:49 AM Re: Copyright issue
Anonymous
Unregistered



a title of a song you can use. You can't copyright a title any other use of lyrics would be a copyright infringement. However if you give credit to the author since you are not writing for commercial gain I don't think tere would be a problem. But don't quote Metallica.
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#41829 - 07/23/09 07:28 AM Re: Copyright issue [Re: Anonymous]
SelwynReed Offline
stranger


Registered: 07/23/09
Posts: 3
Copyright law varies from country to country. In general, without the rightsholder's permission, you can't use any of it, but there are various exceptions. For written fiction it's hard to know how these would apply.

The title can be copyright also, although as a title is usually quite non-specific it would be hard to enforce, but using 'Billie Jean' would be pretty clear. That said, it's not a prohibited use to reference something by it's title, so "Is that 'Billie Jean' you are listening to?" would be fine - because there's really no other way to refer to the work. But titling your story "Billie Jean" might not be okay.

In US copyright (although not in many other countries) there is a concept called 'Fair Use' whereby you are more or less allowed to use small portions of copyright material in some circumstances. Problem is the guidelines are very subjective - so it's never going to be as simple as "who many words". Google Fair Use for more info

That said, for non-commercial purposes the worst that can really happen is you get a letter from a lawyer telling you to take it out.

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#41832 - 07/23/09 09:12 AM Re: Copyright issue [Re: SelwynReed]
AntEater Online   content
Pooh-Bah


Registered: 02/06/08
Posts: 1950
Loc: UK
Billie Jean is a name and can't be copyrighted surely. The name existed before Michael Jackson decided to sing it. For many people in the world "Billie Jean" would be King and nothing to do with Jackson at all. But I doubt the famous tennis star could sue the late Mr Jackson anymore than his estate could sue you.
You could so easily claim to have had an old girl friend with that name and used her as the subject of your story.
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#41845 - 07/24/09 06:11 AM Re: Copyright issue [Re: AntEater]
SelwynReed Offline
stranger


Registered: 07/23/09
Posts: 3
Okay, perhaps I needed a better example. "Smells Like Teen Spirit" then. Not a common phrase or expression.

It is difficult to protect copyright over a title though, obviously - as it's typically very short, and not all that unique.

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#41983 - 08/10/09 09:12 AM Re: Copyright issue [Re: SelwynReed]
Jake Offline
addict


Registered: 02/27/01
Posts: 593
Loc: Northeastern US
Titles and names cannot be copywrited, however something specific enough can be trademarked. If you notice, Billy Joel has trademarked his name.

Fair use generally refers to using small passages from something to "comment" on it, either for a review, or something scholarly or for paredy. Whether something is for financial gain or not has no impact on violating copywright law.

If you notice, when most books quote from a song there is a reference to getting permission on the copyright page.

All of that said, I would not worry about someone coming after you for quoting a song in an erotic story on one of these sites. And usually if they did, you would just get a Cease and Desist letter, no harm, no foul.
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#42020 - 08/14/09 03:46 PM Re: Copyright issue [Re: Jake]
AntEater Online   content
Pooh-Bah


Registered: 02/06/08
Posts: 1950
Loc: UK
The porn industry routinely rips off main stream movies, safe in the knowledge that Hollywood doesn't want the publisity a law suit with the pornos would bring.
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Anteater, or thanks to CG "Monsieur Manger de Tante" \:D

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