RE: Re: Song lyrics used in printed concert programs

From: John P. McNeill <johnmcn[_at_]bellsouth.net>
Date: Tue, 07 Feb 2006 14:20:30 -0500

Yes there is a 10% "rule" (actually a number of different rules). Unfortunately, these 10% rules are not as broad as many think they are, or would like them to be. The 10% rules are parts of agreements among educators, scholars, and publishers (copyright owners) and have been adopted by the Copyright Office (see Circular 21 at http://www.copyright.gov/circs/circ21.pdf). Additional Information relating to some of these agreements can be found at:

1.
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter7/7-b.htm l (Educational Uses of NonCoursepack Materials) 2.
http://fairuse.stanford.edu/Copyright_and_Fair_Use_Overview/chapter7/7-c.htm l ([Proposed] Educational Guidelines on Fair Use) 3. http://www.adec.edu/admin/papers/fair10-17.html (Fair Use Guidelines for Educational Multimedia) (not part of Circ 21, but agreed to by a number of "significant" endorses).

Also note that Harper & Row was decided in 1985; the Guidelines were agreed to, and adopted by the Copyright Office, in 1996.

• John

-----Original Message-----
From: CNI-COPYRIGHT -- Copyright & Intellectual Property [mailto:CNI-COPYRIGHT[_at_]cni.org] On Behalf Of Terry Carroll Sent: Monday, February 06, 2006 6:16 PM
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: Song lyrics used in printed concert programs

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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Visit the CNI-COPYRIGHT e-mail list archive at <https://mail2.cni.org/Lists/CNI-COPYRIGHT/>. Received on Wed Feb 08 2006 - 00:20:30 GMT