Pop lyrics, copyright law, and the SDMB

[Briny_Deep]

Hi. I’d like to post the complete set of lyrics to a Steely Dan tune in order to discuss their meaning-if-any. (You know how it is with Steely Dan.)

I’m pretty sure that would be a no-no and don’t plan on doing it.

If I were to quote one or two lines, is that a problem? Three or four lines? Is there a specific point at which the law or SDMB policy is violated?

[Fenris]

*Originally posted by masonite *
**Hi. I’d like to post the complete set of lyrics to a Steely Dan tune in order to discuss their meaning-if-any. (You know how it is with Steely Dan.)

I’m pretty sure that would be a no-no and don’t plan on doing it.

If I were to quote one or two lines, is that a problem? Three or four lines? Is there a specific point at which the law or SDMB policy is violated? **

I am NOT a mod/admin and don’t speak for the SDMB (but you knew that:D).

That said, I’ve been able to post large sections (30% or so) of a song without getting warned or talked to. I suspect that if you’re commenting on the song, and break it up you can post far more than if you just want to put up a transcription.

But again, that’s just an observation. If you’re in doubt, wait for a mod/admin.

Fenris

[Coldfire]

Post a reasonably sized quote. If the song has 5 verses and one chorus, feel free to quote one verse and the chorus in its entirety, for example. And if possible, include a link to a website that legally displays the full lyrics. Most bands these days have their own official website.

[Chronos]

We really need to get a professional copyright lawyer on staff here… Doesn’t one part of the Fair Usage clause allow reproduction of works for purposes of criticism or analysis?

Our official policy on the SDMB is to follow the copyright laws of the United States, Illinois, and Chicago, but unfortunately, the copyright laws can be rather vague.

[JeffB]

The relevant section of the law in Title 17, Section 107 says:

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. 

IANAL, but I don’t think that posting the lyrics of a song with criticism would violate copyright law, particular if the lyrics are broken up, as Fenris suggested. The law is deliberately vague, however, and I can understand the Reader’s desire to err on the safe side. So while I don’t think it would be a violation, if the administrators/moderators say not to, that’s good enough for me.