Re: Reprinting Lyrics in Court Cases

On 4/22/96, Kenneth Crews <kcrews[_at_]velcome.iupui.edu> wrote:
>
> All of which underscores that one rule does not fit all, but your
> hypotheticals could still be fair use. Consider further: J.D. Salinger
> successfully argues that a biographer may not quote from his letters
> under fair use. The court opinion proceeds to quote from one of the
> letters. The opinion with the quotation appears in numerous textbooks.
> Moreover, the quotation (usually the same one) appears in numerous news
> articles about the case. It was not fair use in the hands of the
> biographer, but the case transformed the literary work into evidence
> and legal analysis, making the quotation much more likely to be fair
> use after the ruling.

Making it a case of poetic justice, no doubt.

• Vance R. Koven phone: 617-482-3852 *
• attorney at law fax: 617-482-4972 *
• 20 Park Plaza, Ste. 520 net: vrkoven[_at_]world.std.com *
• Boston, MA 02116-4303 *

  ---