Re: Quoting Song Lyrics in Fiction (Australian Law)?

On Thu, 25 Feb 1999, Jeremy G. Byrne <jeremy[_at_]iz.org> wrote:
>
> (Anecdotally, an author on another list I read claims to have been
> required to pay AUD$600 for permission to quote "a single line" of a
> Beetles song.

Man, those Volkswagen lawyers must be tough.

With regard to Beatles songs, I wouldn't be surprised to see an outrageous demand like this, regardless of whether such a demand would be ultimately supportable, simply because the extraordinary value of the Beatles catalog will engender overreaching.

I've heard similar anecdotes regarding "Happy Birthday to You," whose melody (as distinguished from the lyrics or the combination of melody+lyrics) I contend is in the public domain. The melody is the same melody as the very clearly public domain "Good Morning to You." My understanding is that the HBTY copyright owners contend that the simple change of dividing the note corresponding to the syllable "good" into two notes corresponding to the syllables in "happy" is sufficient transformation to claim a copyright to the "new" melody.

-- 
Terry Carroll       | "Report of the Committee On Governmental Affairs,
Santa Clara, CA     | United States Senate, To Accompany S. 1364, An Act To
carroll[_at_]tjc.com     | Eliminate Unnecessary and Wasteful Federal Reports."
Modell delendus est |  - Title of U.S. Senate Report 105-187, May 11, 1998