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can lyrics that are under a copyright be used in visual art work without legal issues popping up?

let's say i want to include some lyrics that are copyright protected in a painting- is that okay? i can't seem to find anything on google.

All Answers To Questions

Answer 1

From your side you would argue that the inclusion of copyrighted material(s) in your work falls under "fair use" but copyright holders can contest this if they see grounds for it. You can read the wikipedia page on fair use to get some more info: http://en.wikipedia.org/wiki/Fair_use

Answer 2

Respectfully, Eric is completely wrong. Nothing you described would, in any legal context, be remotely considered Fair Use pursuant USC Title 17 Section 107. Unfortunately, the lyrics of a song are copyright protected by the song's author, and/or publishing company. The only way you could claim Fair Use in this case, would be if your painting was a parody or criticism of the original song. Otherwise, to use lyrics from a protected song, of any nature (painting or otherwise) you would have to seek permission, and license from the copyright owner... Most likely through ASCAP, SESAC or BMI (or, depending on the song, directly from the copyright holder.) To help you further, I would need more details about the specific situation. Hope this helps... G.C. Hutson, Chief Executive and Senior Partner Sadien Intellectual Property, Inc. http://www.Sadien.com

Answer 3

Copyright protection includes the right to keep others from making derivative works or converting protected works into other forms (like making a sculpture from a protected painting). Why not simply use lyrics from something so old that it is no longer protected, as would be the case for anything published prior to the 1920s? Or see if the copyright owner will grant you a simple license; they may actually crave the renewed awareness of their works.

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