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kittchaosThere seems to be quite a bit of confusion on fanfiction.net about song lyrics and public domain. The confusion is deep-seated enough that some authors are resisting when reviewers point out that they have used song lyrics illegally, since the authors reason that they own the cd. Owning the cd does not confer any rights to the song or the lyrics to the purchaser. Consider; radio stations must pay royalties to the artist whenever the station plays the artist's song. That fact, in and of itself, shows that the song is not public domain.
Public domain songs are typically ones that are so old, and well known, that no one is gaining royalties from them any longer. Examples would be "Mary Had a Little Lamb" or "Rudolph the Red-nosed Reindeer" (and even those I'm not entirely sure of!)
Contemporary songs that are currently being played on the radio, or still in primary release (such as cds that you can still buy in a store) are most likely NOT going to be public domain, unless the artist has said that the song is.
This is cut and paste from Wikipedia http://en.wikipedia.org/wiki/Public_domain
The public domain comprises the body of knowledge and innovation (especially creative works such as writing, art, music, and inventions) in relation to which no person or other legal entity can establish or maintain proprietary interests. This body of information and creativity is considered to be part of the common cultural and intellectual heritage of humanity, which in general anyone may use or exploit.
If an item is not in the public domain, this may be the result of a proprietary interest as represented by a copyright or patent. The extent to which members of the public may use or exploit an item in relation to which proprietary interests exist is generally limited. However, when copyright or other intellectual property restrictions expire, works will enter the public domain and may be used by anyone for any purpose.
(...)
A creative work is said to be in the public domain if there are no laws which restrict its use by the public at large. There may be no laws which establish proprietary rights in relation to the work, or the work or its subject matter may be specifically excluded from existing laws.
The underlying idea which is expressed or manifested in the creation of a work generally cannot be the subject of intellectual property laws (see idea-expression divide). Mathematical formulas will therefore generally form part of the public domain, to the extent that their application in the form of software is not covered by copyright.
Works created before the application of intellectual property laws also form part of the public domain. The Bible and Qur'an, the works of Homer and the inventions of Archimedes are in the public domain. However, intellectual property rights may subsist in translations or new formulations of these works.
So, even though authors bought a cd with the song they want to use lyrics from on it, unless the artist has decided to waive his or her rights to the song, or the song is old enough that the artist's copyright has expired (Wikipedia mentions this in the article) it's not public domain. In a nutshell, if the artist still wants to make money from the song, it's not public domain.
This is from the writing guidelines that fanfiction authors must accept periodically in order to publish stories on ff.net:
Actions not allowed:
(...)
3. Copying from a previously published work (including musical lyrics) not in the public domain.
Simply citing the original artist is not sufficient. In order to have the ability to post non-public domain lyrics, the author would need some sort of documented proof from the person who does own the copyright that he (or she) has permission to post them. (btw - this, too, can be done. I haven't attempted it with song lyrics, but I did formally request, and receive limited use license (basically, permission) to use Transformers images for bowling team shirts, from Hasbro!)
I'm not trying to blast anyone at all, this is intended to perhaps help clarify things, or at least point some writers in the right direction to research the matter for themselves. I'd hate to see decent stories pulled from ff.net because authors mistakenly think that since they own the cd, they have the right to post lyrics in their stories.
Public domain songs are typically ones that are so old, and well known, that no one is gaining royalties from them any longer. Examples would be "Mary Had a Little Lamb" or "Rudolph the Red-nosed Reindeer" (and even those I'm not entirely sure of!)
Contemporary songs that are currently being played on the radio, or still in primary release (such as cds that you can still buy in a store) are most likely NOT going to be public domain, unless the artist has said that the song is.
This is cut and paste from Wikipedia http://en.wikipedia.org/wiki/Public_domain
The public domain comprises the body of knowledge and innovation (especially creative works such as writing, art, music, and inventions) in relation to which no person or other legal entity can establish or maintain proprietary interests. This body of information and creativity is considered to be part of the common cultural and intellectual heritage of humanity, which in general anyone may use or exploit.
If an item is not in the public domain, this may be the result of a proprietary interest as represented by a copyright or patent. The extent to which members of the public may use or exploit an item in relation to which proprietary interests exist is generally limited. However, when copyright or other intellectual property restrictions expire, works will enter the public domain and may be used by anyone for any purpose.
(...)
A creative work is said to be in the public domain if there are no laws which restrict its use by the public at large. There may be no laws which establish proprietary rights in relation to the work, or the work or its subject matter may be specifically excluded from existing laws.
The underlying idea which is expressed or manifested in the creation of a work generally cannot be the subject of intellectual property laws (see idea-expression divide). Mathematical formulas will therefore generally form part of the public domain, to the extent that their application in the form of software is not covered by copyright.
Works created before the application of intellectual property laws also form part of the public domain. The Bible and Qur'an, the works of Homer and the inventions of Archimedes are in the public domain. However, intellectual property rights may subsist in translations or new formulations of these works.
So, even though authors bought a cd with the song they want to use lyrics from on it, unless the artist has decided to waive his or her rights to the song, or the song is old enough that the artist's copyright has expired (Wikipedia mentions this in the article) it's not public domain. In a nutshell, if the artist still wants to make money from the song, it's not public domain.
This is from the writing guidelines that fanfiction authors must accept periodically in order to publish stories on ff.net:
Actions not allowed:
(...)
3. Copying from a previously published work (including musical lyrics) not in the public domain.
Simply citing the original artist is not sufficient. In order to have the ability to post non-public domain lyrics, the author would need some sort of documented proof from the person who does own the copyright that he (or she) has permission to post them. (btw - this, too, can be done. I haven't attempted it with song lyrics, but I did formally request, and receive limited use license (basically, permission) to use Transformers images for bowling team shirts, from Hasbro!)
I'm not trying to blast anyone at all, this is intended to perhaps help clarify things, or at least point some writers in the right direction to research the matter for themselves. I'd hate to see decent stories pulled from ff.net because authors mistakenly think that since they own the cd, they have the right to post lyrics in their stories.
