Legal Question in Intellectual Property in California

Re: Commercial use of copyrighted music lyrics

It really depends on how much you are quoting and in what context. If it is a few words used as an example of some principle, or a quoted phrase spoken by a fictional character, you MIGHT be okay. There is no hard and fast legal rule about how much of a copyrighted work may be quoted, and it depends on the length of the work and the length of the amount quoted.

It may be worthwhile for you to consult with a lawyer who can look at your manuscript and give you a more specific opinion about whether you should seek a license to use the quoted material.

If you are at the planning stages of your book, I would suggest you finish writing and then discuss quotation issues with an attorney or your publisher. (The publisher may have inhouse counsel who can give an idea of what needs to be done and how to handle it.)

Re: Commercial use of copyrighted music lyrics

I agree with the previous answer. It's like asking "I'm building my own house. It is brick and I'm using seasoned lumber and my brother-in-law is a licensed electrician. Will the house be up to code?"

A fair number of these matters get litigated every year, and the only way to be fairly sure what you're proposing to do doesn't fall into the "damages awarded" or "injunction granted" category instead of the "verdict for defense" category is to have your proposed use looked at by an attorney that follows the decisions and can assess your risks from sound knowledge.

Having said that, you are very likely to be in the clear if your quotation is quite brief and is used in a context where there is neither the intent nor the result of depriving the copyright owner of revenue, including revenue from possible derivative products.

My comment is based on the language of the Fair Use clause of the Copyright Act, which you can look up at 17 U.S.C.A. 107. If you can get a well-annotated copy of the U.S. Code (Title 17) you can read squibs from cases interpreting fair use and get a decent layman's feel for what's acceptable and what results in damage awards.