Song lyrics used in printed concert programs

From: Teresa Dulberg <teresa.dulberg[_at_]csueastbay.edu>
Date: Mon, 06 Feb 2006 16:40:41 -0500
I have a simple question regarding permissible use of copyright protected song lyrics in printed concert programs.

My office prepares the printed programs for all of our concerts and recitals presented by our university's music department.
When a director or artist requests that complete copyright protected lyrices be included in the printed program, I have always written for permission.

Having said that, does the 10% "fair use" rule apply in these instances when only a portion of the lyrics is re-printed? 
Case in point:
Our jazz director is having his ensemble perform instrumental arrangements of classic love songs (Cole Porter-I Love You; Gershwin-Our Love is Here to Stay; Rogers and Hart-My Funny Valentine; Henry Mancini-Days of Wine and Roses; etc...)  on their Winter concert and wants me to include portions of the lyrics to each song on the printed program. 

I told him this would most likely fall under fair use if we did not print more than 10% of the entire song's lyrics. 
Am I correct in this, or do I need to contact the copyrighrt owners of each song for permission.  

Note: These are on-time use programs and and only for audience reference during the performance.

Any comments or advice would be appreciated...I need to get  this to print by Friday.

Also...I have seen many guides for copyright issues as they pertain to higher education, but none seem to deal with this particular area of printed programs for concerts and recitals.
Most deal with photocopying, course pacs, royalty issues for dramatic works,  and long distance learning.

Thanks!

-- 
Teresa Dulberg, Music Resource Center
Department of Music
California State University, East Bay
25800 Carlos Bee Boulevard
Hayward, CA 94542-3064
Telephone: (510) 885-3167
FAX: (510) 885-2440
Received on Tue Feb 07 2006 - 02:40:41 GMT

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