Legal Question in Intellectual Property in Massachusetts

Re: use of lyrics on merchandise

Yes, you do need the artists' permission.

There are agencies which specialize exclusively in licenses, such as the Harry Fox Agency:

711 Third Avenue, New York, NY 10017, (212) 370-5330.

If you need any other intellectual property assistance, don't hesitate to contact me. I am an intellectual property attorney and law school professor. You can see my bio at http://www.schinner.com/html/the_schinner_law_group_-_d__al.html

Re: use of lyrics on merchandise

If you are using a substantial portion of the lyrics, then you would run the risk of being sued for copyright infringement if you don't get a license. However, a small snippet (e.g., "turn, turn. turn") would be unlikely either to elicit a claim or to result in damages.

You can search the records of the US Copyright Office on their Web site, as long as you know the exact title of the work or are sure of who the author of the lyrics is. However, if the work was not registered or eludes your search capabilities, there are commercial entities that can do this for you.

Best wishes,

LDWG

Re: use of lyrics on merchandise

If, and only if, the lyrics are subject to copyright do you need permission. Copyright lasts for a very long time and is automatic, so unless your lyrics are from a song more than 100 years old, chances are good that you need permission to avoid potential liability. Also, the amount of lyrics you use is relevant to the issue, the fewer words the more likely you do not need permission. You can search the status of a registered work on the Internet at www.copyright.gov (the US Copyright Office). If you are still not clear on your specific situation see a copyright lawyer who is up to date on the current law.

Even if the lyrics are copyrighted, you should be able to get a license from the label involved or from Harry Fox Agency.

For contact information on the labels and Harry Fox, go to my website www.burdlaw.com and click on copyright.

If after all that you are still unsure contact a copyright lawyer, either me or one near you, with the specific details and for a fee the specifc answers to your specific situation could be given.