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

[WordPress Trac]

#15769: Hello Dolly plugin doesn't explain license of copyrighted lyrics
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 Reporter:  novasource       |       Owner:
     Type:  feature request  |      Status:  reopened
 Priority:  normal           |   Milestone:  Awaiting Review
Component:  Plugins          |     Version:  3.0.2
 Severity:  trivial          |  Resolution:
 Keywords:  Troll food       |
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Comment (by chipbennett):

 Replying to [comment:8 markjaquith]:
 > The purpose is non-commercial and, yes, educational.

 I wouldn't count on a court agreeing with you on the first fair-use
 clause. Yes, the use is educational and non-commercial in nature; however,
 use of <em>those specific lyrics</em> is not required in order to
 accomplish that purpose. Any number of public-domain lyrics could be used
 instead.
 >
 > The nature of the copyrighted work is that it is a song, of which the
 lyrics are just one part (I'd argue, the less important and less essential
 part). The lyrics themselves are equally copyrightable - and copyrighted -
 as the composed song.

 You're making a distinction that is entirely irrelevant both to the
 copyright holder of those lyrics, and to any court that would hear a
 potential copyright-infringement lawsuit.
 >
 > The amount of the portion of the lyrics is, indeed, total. But at a mere
 80 words (disregarding the repeating bits), the lyrics rather defy
 excerption. This is our weakest showing on any factor, but considering the
 length of the lyrics, it's not a blatant failure.

 That the "Hello Dolly" plugin uses 100% of the lyrics would make a fair-
 use defense <em>incredibly</em> difficult, if not impossible.
 >
 > There is absolutely no effect on the potential market or value of the
 song. Try and imagine a person saying "Well, I don't need to buy the song
 or sheet music for 'Hello Dolly,' because I have a copy of WordPress!" No.
 >
 > ----
 >
 > Our use passes three of the four determining factors with flying colors.
 It is not unreasonable for us to consider this fair use. If Mr. Herman's
 lawyers disagree, they've remained silent on the matter for quite a long
 time.

 But to use a fair-use defense successfully, you must prove not three of
 four, but rather ''all four''. By my count, this use misses on at least
 two, and probably three, of the clauses.

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Ticket URL: <http://core.trac.wordpress.org/ticket/15769#comment:26>
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