Song Titles, Lyrics, and Copyright Infringement: When Do I Need Permission?

If you're writing a novel or short story, you may encounter situations where you'd like to r

Q. Can I mention the title of a song in my work?

A. You can mention a song title -- or the title of anything else, for that matter -- freely, without asking permission.

Copyright law is based on the concept that unique works of authorship should be protected as the intellectual property of the author. However, it's important to note that in order to benefit from this protection, the work in question must both be unique and have original authorship.

Song titles, however, are considered neither of these things, and therefore they are not under copyright protection. In fact, in its "Copyright Basics" publication, the US Copyright Office specifically excludes "Titles, Names, [and] Short Phrases" from being eligible for copyright protection.

Q. Can I quote someone else's song lyrics in my work?

A. Except in certain cases, such as fair use, you will need permission before reproducing someone else's copyrighted material.

In most cases, using someone else's work without permission is considered copyright infringement. However, there are exceptions to this: Fair Use.

There is no hard-and-fast rule that states what is and is not considered Fair Use. Instead, the courts typically look at four factors:

The purpose and character of the useThe nature of the copyrighted materialThe amount of the work used, relative to the entire workThe effect of the use of the work might have on the market or value of the original work

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.

Sarah Kolb, http://www.clickandcopyright.com/

Since 2000, Click and Copyright has helped thousands of small business owners, independent entrepreneurs, artists, musicians, and writers start new businesses, protect their intellectual property, and stay informed. Click and Copyright is a member of the Legal Research Center family of businesses.

To Use or Not to Use? Copyright Infringement and the Use of Online Images

Recently, one of my clients posed this question to me about using online images. It made me realize that many business owners and entrepreneurs may struggle with this issue. If you've ever wondered about using images online and how that use impacts copyright law, then you owe it to yourself to take a peek at my answer. It is better to be educated (and safe) than ignorant (and potentially, sorry)!

Question:

Many people are confused about using images in ezines, products or on their website that are captured from the web. I purchase most of my images from IStock, or other resources, but what are the clear cut rules?

I know Constant Contact offers free images as well as Microsoft clipart. And when writing about a product or resource (basically promoting them), is it safe to use a picture of the product or company logo? I've done this before.

You can get yourself into trouble by using images, can't you? Even if you don't see a "copyright" on them? I would assume that you can ask for permission and cite the image source. Could you could give advice to all those building their business about this? Thank you.

Answer:

Great question! I have a colleague that just got into trouble with this exact scenario for using an image without permission for her ezine that was copyrighted by a photographer.

Copyright protection begins the moment an original work is created and lasts for the creator's life plus 70 years. Copyright protection extends to literature, music, plays, choreography, pictures, graphics, sculptures, architecture, movies, audiovisuals and recordings. So you are correct that images and photos are included and given copyright protection.

Copyright infringement is using someone else's creative work without authorization or compensation, if compensation is appropriate. So, what we are dealing with here is a potential copyright infringement of someone else's photo or image. (It may also be a trademark infringement if the image or logo is trademarked.)

The owner of the copyrighted material controls whether others can reproduce the work, prepare derivative work, distribute copies or display it. Using it without permission, even if you credit the creator, is not acceptable. Neither is copying others' original work that does not carry a copyright symbol.

However, there are exceptions. One is "public domain." But, don't misinterpret the term "public domain." Just because it is on the internet, does not mean it is public domain! Once a copyright expires, it enters the public domain. Public domain comprises all works that are no longer protected or never were, including works created prior to 1923, and works created between 1923 and 1963 on which copyright registrations were not renewed. Works created since 1989 are presumptively protected, and all government material, such as statutes and laws.

There is also a Fair Use Exception to copyright infringement that allows the limited use of copyrighted material without acquiring permission from the rights holder. It is permitted for literary criticism, comment, news, reporting, teaching, scholarship, and research. The courts use a four-factor balancing test to determine if fair use exception applies: 1) Purpose and character of use, 2) nature of use, 3) amount and substantiality of work used, and 4) effect on market value of work. Some people believe there is a 5th factor too that depends on the type of infringer (non-profit or for-profit) and its intentions and track record (a repeat offender or an unknowing and unintentional infringer).

The easiest way to avoid copyright infringement is to only use images from sources that specifically grant permission, some of which you listed, such as iStock. There is also a non-profit organization called Creative Commons that grants copyright permissions through a tiered approach ranging from selective protection to unlimited grant of permission. You can learn more at http://www.creativecommons.org. Be sure to look for a Creative Commons License on a website to see if the owner has specified which rights he or she is retaining, and which rights he or she is willing to release.

Another way to avoid copyright infringement is to ask to use the work. Sending a simple email request to use an image takes just a few minutes, and can save you a lot of turmoil (and potential legal fees!) in the long run. Approach people online on sites like Flickr. Let them know you'd like to use one of their images, which one, for what purpose, and offer to give them credit. Also, check Stock Exchange and Wiki Commons. Read through the restrictions and rights. Artists will usually list whether a photo may be used, for what purpose, and what type of credit must be given.

Despite all of the above, if you are using an official image of a product to promote it, the assumption is usually that the owner of that product is happy to have you assist in their marketing efforts. It has become common practice to use an image of a product when reviewing it, sharing it with your readers, and promoting it for people to purchase. Most companies that put a photo of their products on the internet are thrilled if you take that image and tell the world about that product. It is like having a global sales team! Indeed, if you are an affiliate of a product, there is an implied agreement for you to be able to use the images of that product in order to fully promote it as an affiliate. I often review products on my blog, and the companies that I do so for are only too happy to provide me with images.

The bottom line: When in doubt, use images that specifically grant permission. If you are unsure, do not use the image! Seek permission first or find a different image that is clearly permissible to use.

Copyright 2011 LM Organizing Solutions. Lisa Montanaro, "The Solutions Expert," is Principal of LM Organizing Solutions, LLC, a professional services firm created in 2002 that offers professional organizing, business and life coaching, and motivational speaking to individuals and organizations. To receive a free audio program on Conquering Paper Clutter, subscribe to Lisa's free monthly ezine, "DECIDE™ to be Organized" at http://www.lmorganizingsolutions.com/. Lisa is the author of the book "The Ultimate Life Organizer: An Interactive Guide to a Simpler, Less Stressful & More Organized Life" published by Peter Pauper Press, which can be found at http://www.theultimatelifeorganizer.com/. Through LMOS, Lisa helps people deal with the issues that block personal and professional change and growth. To explore how LMOS can improve your home or work environment, contact Lisa at (845) 988-0183 or by e-mail at Lisa@LMOrganizingSolutions.com.

Copyright Infringement and Its Consequences

The author or creator of every original work that is tangible in nature has every right over his project. If this work is reproduced, altered, exhibited, broadcasted or made public in other way without the consent of the owner, it is considered violation of the legal and moral rights of the author. It is best to register your work with the United States Copyright Office which asserts the owner's rights under the Copyright Act and makes it public without revealing the actual identity of the author or the detailed content of the project. But authorization discourages plagiarism to some extent.

If a case of infringement of copyright occurs, an encroachment application must be filed with the federal court. The judge can order a permanent prohibition on the offending person or entity otherwise if the infringement case is a complicated one and requires time, a temporary injunction is ordered by the court to keep away any further cases of corruption till the decision is pending.

At any point in an infringement case, the contents of the alleged work can be seized by the court. If the court gets proof of the infringement, all the illegal copies are seized by the Law Enforcement Agents and then destroyed. The original work is also kept in custody which is liable of unlawful reproduction.

If the copyright holder has registered his work with the United States Copyright Office prior to the infringement, he can claim charges for lost sales and profit due to plagiarism. Legal fines can also be recovered ranging from $250 to $150,000. This amount can also be bigger depending on the circumstances and popularity of the violated work

Plagiarism is also when an author's work is reproduced for profit. If the project that has been copied had a worth around or more than one thousand dollars, the guilty is awarded a punishment of one year in jail along with the payment of fine decided upon by the court. If the infringed work had a worth of more than two thousand five hundred dollars, the guilty is sent to jail for five years and fine, decided by the court is paid.

Copyright violation of bigger projects is definitely a far greater issue than that of smaller and less popular projects, but morally it is wrong both ways. If the problem is not snubbed right at the beginning, it creates greater disasters with the passage of time.

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How Specialist Copyright Solicitors Deal With Copyright Infringement

If you are the creator and owner of a piece of work that is protected by copyright and someone makes use of that work without your permission, this could well be a case of copyright infringement.

If you suspect that this has happened to you then it is definitely a good idea to seek the advice of specialist copyright solicitors to find out about your legal rights and what your options really are. Read on for an introduction to Copyright infringement and the legal issues surrounding it.

Copyright infringement could take many forms, including things such as straightforward copying of your work, performing drama in public without permission, broadcasting work in public, playing music in public, renting work to the public or altering work (such as by translating it) without permission. However, it is worth noting that some uses of work are allowed by law and it can often be complicated proving that your rights have actually been infringed upon. This is why you are advised to talk to specialist copyright solicitors if you think you have a case of infringement.

There are a couple of things you need to consider if your work has been infringed upon. One is whether you are willing to give your permission for the work to be used, and another is what you want to do if you aren't willing to give them permission. Many people are willing to give permission for their work to be used in certain circumstances as they can often benefit financially as a result.

For instance, one option would be to set up a licensing agreement with the person or group wanting to use your work. This is something that your copyright solicitors would be able to help you with and you could typically expect to earn royalties or benefit from some other payment in return for them being able to make use of your work in a specific, agreed way. This will normally also include provisions for termination of the license, which helps you to further protect your work.

When it comes to taking action against someone who has infringed upon your work, you will normally have to contact them to explain the breach. You can ask them to stop using your work if you wish. Generally, legal action should be the last resort but if they do not heed your requests, you should talk to copyright solicitors. You should also talk to solicitors if you want to set up a license or other form of agreement. Often, people don't even realise they are infringing your copyright, so it is always best to be polite and most situations should be able to be resolved without too much difficulty.

If you think you're the victim of copyright infringement, you need expert legal advice - talk to the specialist copyright solicitors at Bonallack and Bishop who are able to offer city quality copyright advice at local prices.