Re: Reprinting Lyrics in Court Cases

From: Buford Terrell <terrell[_at_]gateway.stcl.edu>
Date: Wed, 17 Apr 1996 17:02:22 -0500

> Well thanks, guys. In general, I agree with this reading of Campbell.
> But didn't Campbell also say that the 4th factor depended on whether
> there was a market for derivative works? Now, I think it unlikely
> that 2 Live Crew will be marketing law school casebooks anytime soon.
> But what if they announced to the world that a license to reprint
> their lyrics in law school textbooks was available for $100? Under
> Texaco, am I compelled to pay the $100 or not to reprint the Supreme
> Court decision in its entirety?
>
> Mark Lemley
> Assistant Professor, University of Texas School of Law
> Of Counsel, Fish & Richardson, P.C.
> mlemley[_at_]mail.law.utexas.edu

Is a licence to reprint in a particular kind of work actually a derivative work or just another licence? It really not like extracting one line and printing it on a t shirt.

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Buford C. Terrell                       1303 San Jacinto Street
Professor of Law                              Houston, TX 77002
South Texas College of Law                voice   (713)646-1857
terrell[_at_]stcl.edu                            fax   (713)646-1766

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       [Suspended so long as the injunction continues]
Received on Wed Apr 17 1996 - 22:58:01 GMT

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