Using something someone said as a lyric...

[mjr]

Or, a question on copyrights...

This might sound like an easy one at first, until you hear the full story.

Ok, one of my songwriting books I have here says that I should carry around a notebook for when the muse strikes, or I get an idea. And I do that. The book even suggests taking things that people say, if they're unusual or interesting, and using those as possible song ideas.

Therein lies my problem.

I was listening to one of my "comedy" stations on "The Box You're Not Supposed To Open" the other day, and a track for "Bob the Satellite Dish Installer" came on (you know the guy I'm talking about). He said something during one of his routines that jumped out at me, caught my ear, and I thought would make a strange, offbeat, and slightly risque country song. I wrote it down (or, I should say, a derivation of it).

My question is as follows: Since he said this during the course of a performance, is it still OK to use? I don't know if this gets into "copyright infringement" territory or not. It was just one line, but I don't want to take any chances here. I don't want to steal anything, I just want to be safe.

[EricKei]

None of us here are likely qualified to give you a 100% accurate answer to that question, so you may wanna do some research. I'm sure there are sites out there that specialize in that sort of thing.

The "better safe than sorry" side of me, however, is thinking that Fair Use **MAY** apply if you are specifically parodying his song; otherwise, assume it's not allowed. Simply lifting/altering a lyric would probably not be allowed.

[mjr]

None of us here are likely qualified to give you a 100% accurate answer to that question, so you may wanna do some research. I'm sure there are sites out there that specialize in that sort of thing.

Oh sure, I get where you're coming from here.

The "better safe than sorry" side of me, however, is thinking that Fair Use **MAY** apply if you are specifically parodying his song; otherwise, assume it's not allowed. Simply lifting/altering a lyric would probably not be allowed.

I was a little unclear, here. It wasn't a song. It was a line as part of his stand-up routine. So it wouldn't be parodying a song. It's taking a line he said, thinking "that would be a funny/odd/risque country song", and going with that...

[Ironclad Alibi]

It is well know in the entertainment industry that jokes get stolen all the time. The ones that Henny Youngman didn't write he stole from someone else. A lot depends on the context in which the lines are used.

One course of action would be to contact the comedian and ask for permission to use those lines in a song. It might be OK without paying anything. You never know until you ask.

[mjr]

One course of action would be to contact the comedian and ask for permission to use those lines in a song. It might be OK without paying anything. You never know until you ask.

That's a good idea! I might have to try that.

[Kogarashi]

What Ironclad said. I'd also recommend looking up the exact details of Fair Use just so you can see if you're covered.

[cindybubbles]

See here:

YouTube Copyright School

Although it would be a good idea to get permission in writing and to make sure to specify what you plan to do with the words.

Thanks,

[Irving Patrick Freleigh]

It is well know in the entertainment industry that jokes get stolen all the time.

Oh yeah. Not naming names coughcoughAmySchumercoughcough

[Seshat]

Fair Use covers specific circumstances; and this is not among them. (Education, parody, a bunch of other specific things.)

The question here is actually whether or not what he said is copyrightable. For example, I can't copyright a single word, or even two words, no matter what. Words can't be copyright. They can, however, be trademarked! Which is a different thing.

However, Hemingway is purported to have once written six words, which, because they make up a complete story, are copyright (if the story is true).

For sale.
Baby shoes;
Never worn.

So we have two bounds: if it's only a phrase or a random sentence that doesn't make up a complete work or "a significant portion thereof", it's not copyrightable. If it's a complete work, however short, it is. Ditto if it's "a significant portion".

Clear as mud, isn't it?

[Kogarashi]

Clear as mud, isn't it?

Copyright always is.

I actually ended up party to a discussion on another site recently about whether or not a particular artist's commissioned illustrations for a book fell under work-for-hire, and trying to explain the related copyright stuff to someone who seemed bound and determined to remain willfully ignorant so he could insult the artist.