[78-L] Are we allowed to quote people in a book or article when they submit something to the group?

[gdkimball at cox.net]

I want to be clear--my earlier post referred to the Fair Use exception to copyright in Section 107 of the U.S. Copyright Code, "for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research."  Full text below my signature.  Unless there is some case law that exempts lyrics from Fair Use, I don't see how anyone can claim that there is a TOTAL ban on quoting lyrics.  Look, I'm not a lawyer, and I'm willing to be proven wrong, but I'd like to see some evidence.  

The nature of the use does matter: "(4) the effect of the use upon the potential market for or value of the copyrighted work." 

Having said that, the four legs of Fair Use (see below) would certainly not cover the appropriation of lyrics in their entirety, especially on a commercial site.  This assumes, of course, that the lyrics are in fact under copyright.  We have encountered cases where individuals and corporations claim songs that are clearly Public Domain.

In response to Dr. Beil:  The original question was regarding the use of quotations with or without permission. I think that the original poster intended to fully source the material but was concerned about permission.  It seems to me that you are talking about appropriation of your material WITHOUT attribution, which is a very different thing. As an author myself, I certainly wouldn't condone such use.  I will say, however, that I am always delighted when people quote my work and I could really care less if they write me for permission.  It seems to me that by doing so they fulfill the original intent of copyright (Article I, Section 8, Clause 8 of the U. S. Constitution: "To promote the Progress of Science and useful Arts."

"And further deponent sayeth not"

Gregg Kimball  

§ 107 . Limitations on exclusive rights: Fair use40

Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include— 

(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2) the nature of the copyrighted work;

(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4) the effect of the use upon the potential market for or value of the copyrighted work.

The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors.


---- Cary Ginell <soundthink at live.com> wrote: 
> The websites that list lyrics are doing so illegally. It has nothing to do with the making money. It's a violation of copyright laws to use someone else's song without permission. Copyright is, literally, the right to copy, and exploitation of lyrics without permission is illegal. Publishers do what they can to stop the unauthorized usage but many ignore it. 
> 
> Cary Ginell
> 
> On Nov 23, 2012, at 8:58 PM, "Donna Halper" <dlh at donnahalper.com> wrote:
> 
> > On 11/23/2012 10:55 PM, Michael Biel wrote:
> >> To give my answer to Donna's original question, I usually allow my
> >> writings and postings to be used, with credit of course, although I like
> >> to be able to make corrections and updates on things I might have
> >> written decades ago.  I think you asked me for something years ago and I
> >> agreed, but if I missed seeing a more recent request, let me know.
> > Mike, I did quote from your work in my dissertation research, and yes I 
> > cited appropriately and praised you as a name in the field.  But that 
> > said, the idea that one cannot quote lyrics is a new one on me-- there 
> > are numerous internet sites that offer song lyrics.  Are they gonna get 
> > sued for doing it? And I see journalists quoting lyrics in their 
> > newspaper music reviews.  I thought if it's for an educational purpose 
> > and no money is changing hands, it's generally kosher.  Is this really a 
> > violation of copyright law, or as someone suggested, do people avoid it 
> > for fear of corporate lawyers?
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