Open Forum

I'm a student for Mrs. Velazquez, and I had a question about copyright laws for a one-act I am writing. One of the important plot points involves two main characters singing popular songs against their will. If I were to only have the characters sing a refrain or another brief part from the song, would I still need to obtain permission from the rights holders? For reference, the show where this would be performed typically has free admission, and I was considering writing in dialogue that clarifies that neither the characters nor the writer own the rights to the song (this kind of joke would fit with the humor of the rest of the one-act).

Any and all assistance is appreciated!

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Theresa Velazquez
St Charles MO
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There is a allowance called "Fair Use". Although in speaking once to a copyright attorney, it is more of a defense. He explained it this way. "Fair Use is what a defendant defends himself with once litigation has been initiated". He told me that there is no real cut and dry answer to this because Copyright law can be vague and dynamic. The court is what determines what infringement is. He also said that there are a few of things that can help keep you safe.  

• Keep it to 2% or less when using someones copyrighted work.
• Do not put "used under fair use" it  is not effective, and can alert the owner of the song to look further into the possibility of infringement.
• Obtain permission from the artist or owner (You would probably be surprised how willing and helpful they can be) in writing.

Generally, keeping the citation under 2% of the work is the most effective way, but with songs and music that may not always be the case. I would contact a copyright attorney before I made a decision, and especially if you intend to copyright your play.

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Darren Laughlin Means
Drama Director
Asst District Network Administrator
Hardin High School/Hardin Middle School
Hardin MT

While I am not an attorney, my understanding with song lyrics in particular is that they are EXTREMELY protected, and that you can run into trouble with even a single line. Definitely seek permission first.

Here's information that speaks to this issue:
http://www.writersdigest.com/editor-blogs/questions-and-quandaries/legal-questions/can-i-use-song-lyrics-in-my-manuscript

Cheers,
Jonathan

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Jonathan Dorf
Playwright/ Co-founder of YouthPLAYS/ Co-chair of The Alliance Of Los Angeles Playwrights
Los Angeles CA

Original Message:
Sent: 01-06-2016 17:41
From: Darren Means
Subject: Copyright law for song lyrics in an original one-act

There is a allowance called "Fair Use". Although in speaking once to a copyright attorney, it is more of a defense. He explained it this way. "Fair Use is what a defendant defends himself with once litigation has been initiated". He told me that there is no real cut and dry answer to this because Copyright law can be vague and dynamic. The court is what determines what infringement is. He also said that there are a few of things that can help keep you safe.  

• Keep it to 2% or less when using someones copyrighted work.


• Do not put "used under fair use" it  is not effective, and can alert the owner of the song to look further into the possibility of infringement.


• Obtain permission from the artist or owner (You would probably be surprised how willing and helpful they can be) in writing.

Generally, keeping the citation under 2% of the work is the most effective way, but with songs and music that may not always be the case. I would contact a copyright attorney before I made a decision, and especially if you intend to copyright your play.

------------------------------
Darren Laughlin Means
Drama Director
Asst District Network Administrator
Hardin High School/Hardin Middle School
Hardin MT

This is also a helpful site: http://www.splc.org/article/2011/04/splc-guide-to-fair-use

I contacted the SPLC via email about a similar question at the end of last year, and got a very quick response. I found them to be most helpful. 

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Dianne Rowe
Birmingham AL

Original Message:
Sent: 01-07-2016 11:20
From: Jonathan Dorf
Subject: Copyright law for song lyrics in an original one-act

While I am not an attorney, my understanding with song lyrics in particular is that they are EXTREMELY protected, and that you can run into trouble with even a single line. Definitely seek permission first.

Here's information that speaks to this issue:
http://www.writersdigest.com/editor-blogs/questions-and-quandaries/legal-questions/can-i-use-song-lyrics-in-my-manuscript

Cheers,
Jonathan

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Jonathan Dorf
Playwright/ Co-founder of YouthPLAYS/ Co-chair of The Alliance Of Los Angeles Playwrights
Los Angeles CA

Thank you so much! I've passed this on to my student.  He is very in writing and theater.

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Theresa Velazquez
St Charles MO

Original Message:
Sent: 01-07-2016 16:08
From: Dianne Rowe
Subject: Copyright law for song lyrics in an original one-act

This is also a helpful site: http://www.splc.org/article/2011/04/splc-guide-to-fair-use

I contacted the SPLC via email about a similar question at the end of last year, and got a very quick response. I found them to be most helpful. 

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Dianne Rowe
Birmingham AL