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by polymath » June 10th, 2011, 1:10 pm
Ah-hah! A copyright question with an unequivocal answer. Using song lyrics for fiction purposes from Gene Austin's "Ain't She Sweet" requires express permission from the copyright owner. One, for-profit purposes don't rise to fair use; two, since song lyrics are so short, a few lines represent a substantial portion of the whole. That's fail on two of the four tests of the Fair Use doctrine. Since the original creative work was published for profit, other for-profit uses by other parties without express permission constitutes rights infringement. That's the third test. Fourth test, economic or other negative impact on the original creative work, I don't believe applies, per se. Regardless, use without express permission fails on three out of four tests.
"Ain't She Sweet" was published in 1927. U.S. intellectual property rights law for copyright registered works published between 1923 and 1963 gives a copyright owner 95 years from date of publication exclusive reproduction rights. 1927 + 95 = 2022. "Ain't She Sweet" will enter the public domain in 2023.
Sorry, Guardian, it's a no-go without permission. And I am a firm believer that it's a best practice to create one's own creations in parts and parcels so they stand entirely on their own merits.
Edited to add: European reproduction publication, re: Hungary, life plus 70 years copyright expiration. Gene Austin passed away in 1977. "Ain't She Sweet" European copyright expiration 2044.
Last edited by
polymath on June 10th, 2011, 1:40 pm, edited 2 times in total.
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