Fishers, IN asked in Intellectual Property for Indiana

Q: Our free paper wants to use lyrics of songs in an article--is there a fixed number of words to quote copyright free?

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1 Lawyer Answer
Paul Overhauser
Paul Overhauser
Answered
  • Indianapolis, IN
  • Licensed in Indiana

A: First consider whether the lyrics may be in the public domain, for example, if the song is over 75 years old. Assuming the song is protected by copyright, unfortunately, there is no "objective test" for how many words you can quote. In general, reproducing a copyrighted work for purposes of comment or criticism is a "fair use" that does avoid infringement liability. However, you should only reproduce enough of the lyrics to allow you to make your commentary. That COULD be all the lyrics, or, it could be less. It depends on your comments.

Paul Overhauser

www.iniplaw.org

www.overhauser.com

317- 891-1500

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