Re: Re: Song lyrics used in printed concert programs

I believe the 10% myth has its genesis in the educational "guidelines" that purport to govern certain not-for-profit educational uses of copyrighted material. These guidelines never made it into law nor, even, regulation -- but they do reside in legislative history and cause no end of confusion.

Quoting Terry Carroll <carroll[_at_]tjc.com>:

> On Mon, 6 Feb 2006, Teresa Dulberg wrote:
>
> > Having said that, does the 10% "fair use" rule apply in these instances
> > when only a portion of the lyrics is re-printed?
>
> There is no 10% fair use rule. This is a myth that needs to be
> periodically punctured.
>
> Whether a particular use is a fair use depends on considering four
> factors:
>
> (1) The purpose and character of the use;
> (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.
>
> In the Harper and Row case, the Supreme Court found that a use of a
> pre-published book was not fair when only 300 words of the 200,000-word
> book was taken; and that's something like 0.15%.
>
> Similarly, in Universal v. Sony, the Supreme Court ruled that copying 100%
> of a work was nonetheless a fair use.
>
> There is no 10% rule of any kind in fair use jurisprudence.
>
>
>
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Received on Wed Feb 08 2006 - 00:20:30 GMT