Date: 2010-04-22 06:15 am (UTC)
msilverstar: viggo with vote t-shirt (vote with viggo)
From: [personal profile] msilverstar
I think this is taking copyright fear too far. IANAL, but from what I've read at EFF and the OTW and in various journals, the fair use provisions of the US copyright law clearly allows for that kind of reference. No one can own a few words, it has to be a lot more copied than that. Even a trademark can be used in text: the protection is against someone else using the same words in the same order for advertising and competition.

Honestly, go read the things that major publishers include in novels that have been vetted by lots of lawyers. No one is going to sue you for including the phrase "All you need is love".

And look at http://www.copyright.gov/help/faq/faq-protect.html "Copyright does not protect names, titles, slogans, or short phrases."

http://www.copyright.gov/fls/fl102.html

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:

1. The purpose and character of the use, including whether such use is of 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
4. The effect of the use upon the potential market for, or value of, the copyrighted work

The distinction between fair use and infringement may be unclear and not easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission.

Acknowledging the source of the copyrighted material does not substitute for obtaining permission.

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