Q: Can I use snippets of lyrics from songs with full attribution in a journal, where the quotes/lyrics are incidental?
I am looking to creating a Trading Journal that includes suggestions, reminders, and best practices for traders to follow. For example: In a section where I mention that you need to take a loss if the market moves against you, I could use a quote/lyrics from Led Zeppelin such as "Cryin' won't help you, prayin' won't do you no good". I just want to make sure this falls under "fair use" and I do not have to pay any royalties, etc.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Incorporating song lyrics into your trading journal requires careful consideration of copyright law. Copyright protects original works of authorship, including lyrics, and using them without permission can lead to infringement issues.
Fair use is a complex legal doctrine that allows limited use of copyrighted material without permission, typically for purposes like criticism, comment, news reporting, education, scholarship, or research. However, determining whether your use of song lyrics falls under fair use depends on several factors, including the purpose and character of your use, the nature of the copyrighted work, the amount and substantiality of the portion used in relation to the entire work, and the effect of the use on the potential market for the original work.
Using small snippets of lyrics, particularly if they are integral to your commentary or analysis, could potentially be considered fair use. However, the fact that your journal is a commercial product might weigh against a fair use determination.
It's important to note that even with full attribution, this does not automatically exempt you from copyright infringement. Given the complexities and risks involved, it would be wise to consult with a legal professional who has expertise in copyright law. They can provide specific guidance based on the details of your project and help you assess the risk of using copyrighted lyrics.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
