Legal Question in Intellectual Property in Florida

As to reprinting song lyrics into a novel, what if the song (YOU MADE ME LOVE YOU) was written in 1913 and is listed in Public Domain, yet on every site where the lyrics are printed Sony ATV claims to own them and say they cannot be used without securing their permission . . . can I use them or not? I'm finding this very confusing.


Asked on 8/21/09, 2:12 pm

1 Answer from Attorneys
Philip Duvalsaint Philip A. Duvalsaint, PLLC

It depends on what you are talking about. A copyright could exist in the lyrics, performance, and sheet music. The performance and sheet music could be revised creating a derivative work entitled to copyright protection. The copyright notice may refer to a recorded version of the song or some other expression. You should check with the copyright office to determine if what you are using is still protected or in the public domain.

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Answered on 8/21/09, 3:14 pm


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