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[Lorraine Krivak]

I have worked so hard on my daughters yearbook page! What I did was transpose the LeeAnn Womack song "I hope you Dance" over a picture of her growing up.  She grew up hearing these positive words and I wanted to suprise her with theis yearbook gift.  Well the yearbook committee states I cannot put this song in the yearbook because of COpyright infringement.
I would love anyone's help here!
Thank You

[Lorraine]

Just to Add.
I put By LeeAnn Womack under the Title and I wrote the lyrics exactly as written.
Why isn't this ok? Or is it?

[Lyza]

I am not an attorney but I believe that since you are publically redistributing the song without the permission of the artist, you are committing an act of copyright infringement and the school may be liable.  This is why they are interested in the song's removal.  Please look for confirmation or correction here from an attorney.  Thanks.

[Lorraine]

Thank You
I got the idea from previous yearbook entries though that used different songs, poems etc.
Did something change this year?

[Lyza]

No changes, but the other songs/poems used might have entered the public domain.  

[JSonnabend]

First off, song lyrics are certainly protected by copyright.  The real question is whether or not your use is permitted as "fair use".  Depending on how much of the song lyrics you've used (and perhaps the entire song might be ok), a use such as you've described very well may be permitted fair use.

That said, conclusions on fair use are rarely clear cut, and the yearbook committee might be more risk averse than in past years.

- Jeff

[Lorraine]

Thank You
I am sure Lee Ann Womack would be honored of this use.  But I don't know where to begin to get copyright privledges in a timely fashion.
I used about 2 stanza's and 2 choruses.  I guess I just don't get it!  This is fair use to me but who am I?
What is the difference if someone sang this song at a wedding?

[JSonnabend]

What is the difference if someone sang this song at a wedding?

The performance at the wedding is probably licensed (no kidding).

Your best bet is probably to try to convince the yearbook committee that the use is fair use.  Google on "copyright fair use" and see if you can find materials to give them.   Maybe they'll see the light.

Now, if the lyrics were by The Clash, I might get involved pro bono . . .  

- Jeff

[JSonnabend]

as long as you give the writer credit you should be fine.

That's entirely wrong.

- Jeff

[Christopher1981]

Contact the agency of the artist:
buddyleeattractions on Google and explain your use. I am not exactly sure how much commerical activity these books have (being from the UK where these things are not that big) but they are, I imagine, of low risk commercially. Save all letters and correspondece to show you have gone to 'reasonable effort' to make the artist aware and its not exactly great PR for a singer to sue over a High School book.

[pg1067]

The other responses have covered the legal issues, but this ultimately isn't a legal question.  Whether or not, if a lawsuit were filed, a court would declare this to be a fair use, it is entirely within the discretion of the yearbook committee to permit or not permit this.

Also, Ms. Womack did not write the song, so neither she nor her representatives can consent to your use of the lyrics.  The song was written by Mark Sanders and Tia Sillers, and the copyright is jointly owned by Ensign Music Corporation, Choice is Tragic Music, MCA Music Publishing and Soda Creek Songs (see copyright registration #PA-981-302).

[JSonnabend]

The other responses have covered the legal issues, but this ultimately isn't a legal question.  Whether or not, if a lawsuit were filed, a court would declare this to be a fair use, it is entirely within the discretion of the yearbook committee to permit or not permit this.

Right, unless, of course, the yearbook committee is concerned about legal liability, in which case convincing them that the use is likely fair use would achieve the OP's goals, no?  That's why I gave the advice I gave.  It sounds to me like your advice is "give up, they're allowed to do what they're doing."  That may be true, but that doesn't help.

There's no reason to contact the rights holder(s) if you're comfortable that the use is "fair".

- Jeff

[pg1067]

It sounds to me like your advice is "give up, they're allowed to do what they're doing."  That may be true, but that doesn't help.

You're quite a piece of work!  Why do you find it necessary to be beligerent and argumentative?

First of all, I gave no advice.  It would be both irresponsible and unethical for a lawyer to give advice to anonymous strangers on an Internet message board.  Any reasonable person reading my post would understand that I was doing nothing more than explaining that, ultimately, being right about the legal issue is irrelevant if the yearbook committee abjectly refuses to publish the lyrics.

I see nothing wrong with your "advice," and I never suggested that I did, so mellow the heck out.  

[JSonnabend]

I apologize if you find me belligerent or argumentative.  That's certainly not my intent.

When you said that this wasn't a legal issue and that the yearbook committee was in the right, I understood you to say tacitly "the advice you've received is besides the point."  

The fact of the matter is, the advice is not besides the point.  It attempted to address the problem by giving the OP the legal foundation for discussions with the yearbook committee.  If she could convince the committee that their fears of copyright liability were ill-founded, she could give her daughter the present she'd made.

I try to help people here within the ethical boundaries inherent in a public forum.  I assume that's your goal as well.  How would your (non-)advice do that?  Was there some way to read it other than "give up"?

I think it's great to have more attorneys participate in these forums, and I welcome each and every one.  I won't refrain from calling them out when I think they're providing bad (non-)advice, however.

- Jeff

[pg1067]

For the benefit of the original poster, let me clarify my opinion.

1. Unless it is a fair use, what you propose to do is unquestionably copyright infringement unless you have consent from the copyright owner.

2. The fair use test is somewhat amorphous, and it is difficult to form any solid conclusions.  In almost every case, there are arguments on both sides.  Off the top of my head, it seems that you are clearly on the wrong side of two of the four prongs of the test (the work is creative in nature, and you propose to reproduce it in its entirety), but almost certainly on the right side of the other two prongs (your proposed use is non-commercial and likely would not affect the market for the original or licensed derivatives).  By the way, giving credit (either to Ms. Womack or the songwriters) is irrelevant.

3. Irrespective of the legal analysis of the situation, whether or not to allow this is ENTIRELY within the discretion of the yearbook committee.  In other words, even if, from a legal point of view, there was no question that you were in the right, the committee could still deny permission.

4. I am not advising you or even suggesting what you should do.  You certainly can seek to persuade the committee that there is no legal risk, and you may well succeed in doing so.  Of course, that may require that you familiarize yourself with the fair use test so that you can make a persuasive argument.