[wp-trac] [WordPress Trac] #15769: Hello Dolly plugin doesn't explain license of copyrighted lyrics

WordPress Trac wp-trac at lists.automattic.com
Sat Dec 11 03:10:56 UTC 2010

#15769: Hello Dolly plugin doesn't explain license of copyrighted lyrics
 Reporter:  novasource    |       Owner:                                           
     Type:  defect (bug)  |      Status:  new                                      
 Priority:  normal        |   Milestone:  Awaiting Review                          
Component:  Plugins       |     Version:  3.0.2                                    
 Severity:  major         |    Keywords:  intellectual property, copyright, license

Comment(by filosofo):

 Don't you think the Hello Dolly plugin falls under fair use?  From the
 [http://www.copyright.gov/title17/92chap1.html#107 U.S. code]:

 In determining whether the use made of a work in any particular case is a
 fair use the factors to be considered shall include —

 (1) the purpose and character of the use, including whether such use is of
 a commercial nature or is for nonprofit educational purposes;

 (2) the nature of the copyrighted work;

 (3) the amount and substantiality of the portion used in relation to the
 copyrighted work as a whole; and

 (4) the effect of the use upon the potential market for or value of the
 copyrighted work.

 The fact that a work is unpublished shall not itself bar a finding of fair
 use if such finding is made upon consideration of all the above factors.

 IANAL, but I would argue that it's nonprofit, educational, and has no
 effect on the market of the copyrighted work.

Ticket URL: <http://core.trac.wordpress.org/ticket/15769#comment:2>
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