Lyrics and digital reference

At the Digital Reference Legal Issues webcast last week,  I was asked whether libraries can scan copyrighted lyrics from a book to answer virtual reference questions. I ducked it until I could doublecheck the definition of “musical work.”

I’ve done some digging, and this is my reply (subject to the usual caveats – i.e. check with your institution’s lawyer…)  If anyone else wants to weigh in here, go ahead.

First, look to 17 U.S.C. § 108.  If that fails, try § 107 (Fair Use).  If  that fails, get permission.

Under 108, qualified libraries can make copies for users of a small part of a copyrighted work (e.g. if the lyrics are a small part of a copyrighted work, and don’t enjoy a separate copyright) under 108(d), and may copy an entire work under 108(e). 

Are lyrics “musical works”? 17 U.S.C. § 102(a). includes “any accompanying words” in “musical works”

Before reading the conditions there, though, scoot over to (i) which is an exception to the exception. You can go a little cross-eyed reading it, but it says, in essence, that a library’s 108 rights do not apply to musical works.

§ 102 · Subject matter of copyright: In general

(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories: … (2) musical works, including any accompanying words;

Unless someone else has another way to read 108 and 102, it seems to me that 108 does not give legal cover to libraries that copy lyrics for patrons.

That leaves the library to make a good faith Fair Use analysis, item by item. See this (or a zillion others on fair use) to see if Fair Use applies to a particular situation. For Fair Use guidelines for educational multimedia, which don't have the force of law, continue reading ...

http://www.musiclibraryassoc.org/Copyright/guidemed.htm

FAIR USE GUIDELINES FOR EDUCATIONAL MULTIMEDIA

4. Limitations

- Time, Portion, Copying and Distribution

The preparation of educational multimedia projects incorporating copyrighted works under Section 2, and the use of such projects under Section 3, are subject to the limitations noted below.

…

4.2 Portion Limitations
Portion limitations mean the amount of a copyrighted work that can reasonably be used in educational multimedia projects under these guidelines regardless of the original medium from which the copyrighted works are taken. In the aggregate means the total amount of copyrighted material from a single copyrighted work that is permitted to be used in an educational multimedia project without permission under these guidelines. These limitations apply cumulatively to each educator's or student's multimedia project(s) for the same academic semester, cycle or term. All students should be instructed about the reasons for copyright protection and the need to follow these guidelines. It is understood, however, that students in kindergarten through grade six may not be able to adhere rigidly to the portion limitations in this section in their independent development of educational multimedia projects. In any event, each such project retained under Sections 3.1 and 4.3 should comply with the portion limitations in this section.

…

4.2.3 Music, Lyrics, and Music Video
Up to 10%, but in no event more than 30 seconds, of the music and lyrics from an individual musical work (or in the aggregate of extracts from an individual work), whether the musical work is embodied in copies or audio or audiovisual works, may be reproduced or otherwise incorporated as a part of a multimedia project created under Section 2. Any alterations to a musical work shall not change the basic melody or the fundamental character of the work.

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More at Music Library Association  Guide to Copyright

http://www.musiclibraryassoc.org/Copyright/guidemla.htm

see also

http://www.menc.org/information/copyright/copyr.html

THE UNITED STATES COPYRIGHT LAW: A GUIDE FOR MUSIC EDUCATORS

Issued jointly by:
Music Educators National Conference
Music Publishers' Association of the

Music Teachers National Association
National Association of Schools of Music
National Music Publishers' Association

Full copyright law at

http://www.copyright.gov/title17/circ92.pdf

United States

Comments

[jopz]

is that lyric needs copyright for paste on personal website?