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Fair use of song lyrics in academic book?

Started by Boomvang, September 29, 2021, 06:38:58 PM

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Boomvang

I would like to quote several lines from a song in one of my chapters, but I'm not certain how much would be protected by fair use. Can someone provide clarity on this?

Parasaurolophus

Copyright holders are litigious about reproducing sound patterns, but not about quoting lyrics, AFAIK. You should be good, unless you're playing a recording or publishing the score.

If you're worried, though, just ask your publisher (when you have one). They'll know whether what you've done is acceptable.
I know it's a genus.

mamselle

Actually, if the lyrics are copyrighted there is usually an expectation that they will be acknowledged as such in a separate credits, along with visuals.

Even if they're not, it's considered a courtesy to request permission and to promise to credit the intellectual property they represent.

The owner might waive payment, as museums sometimes do for reproductions of a visual object in their collection for an educational purpose, but I believe you do have to ask.

Musicians, lyricists, and other artists do have to make a living, too.

M.
Forsake the foolish, and live; and go in the way of understanding.

Reprove not a scorner, lest they hate thee: rebuke the wise, and they will love thee.

Give instruction to the wise, and they will be yet wiser: teach the just, and they will increase in learning.

Caracal

If you're using lyrics for the purpose of scholarship that makes it more likely to be fair use. If you quote only a small portion of the lyrics, that also helps your case for fair use.

The reason this gets tricky isn't because there's really anything different about song lyrics compared to any other sort of copyrighted material. The problem is that the holders of music copyrights are notoriously litigious and often send out cease and desist letters even in cases where fair use probably applies. I'd assume that's less common for academic works, but it could still happen.

mamselle

Well, yes, and things like politicians not at all understanding the meaning of a song and trying to use it for a theme song because the title seems consistent with their platform have to be addressed, or said politicians (well, one in particular) will just keep hijacking creative content to their own purposes without any brakes at all (and they/that one have few enough as it is...).

See discussion of citation form in another thread. The five-point ID is the basic expected standard: Composer, Title, Date, Era/Period/Style, Publisher.

M.
Forsake the foolish, and live; and go in the way of understanding.

Reprove not a scorner, lest they hate thee: rebuke the wise, and they will love thee.

Give instruction to the wise, and they will be yet wiser: teach the just, and they will increase in learning.

mahagonny

Writing a song is like having a child. You can't control its life. Only the the quality and direction you hope for it. If you're really lucky it will have a life, giving you the opportunity to complain that they've been kidnapped.

mamselle

Depending on the type of song, the One License arrangement (used by some churches, schools, and other institutions) may be worth considering:

   https://www.onelicense.net/

It also includes info on what is considered fair use, etc.

The BMI (Broadcast Music, Inc.)

   https://www.bmi.com/

and ASCAP (Am. Soc. of Composers, Authors, and Publishers)

   https://www.ascap.com/

sites also have guidelines.

M.

Forsake the foolish, and live; and go in the way of understanding.

Reprove not a scorner, lest they hate thee: rebuke the wise, and they will love thee.

Give instruction to the wise, and they will be yet wiser: teach the just, and they will increase in learning.