Understanding Copyright
Learn about different copyright categories and how they affect your rights as a creator and user of lyrics.
Copyright is a legal right that grants the creator of an original work exclusive rights to determine whether and under what conditions their work may be used by others.
For lyrics, copyright protection typically covers:
- The written lyrics themselves
- Translations of the lyrics
- Adaptations or arrangements
- Public performances or displays
- Distribution of copies
In most countries, copyright protection is automatic upon creation and lasts for the author’s lifetime plus 70 years.
Works in the public domain are those whose intellectual property rights have expired, been forfeited, or are inapplicable. These works can be used by anyone without permission.
Lyrics enter the public domain when:
- Copyright has expired (typically 70+ years after the author’s death)
- The creator has explicitly dedicated the work to the public domain
- The work was created before copyright law existed
- The work was created by the U.S. federal government
Public domain status varies by country, so always verify the status in your jurisdiction.
Creative Commons (CC) licenses are a set of copyright licenses that enable creators to grant permission to the public to use their work under certain conditions while retaining copyright.
Common CC License Types:
- CC BY (Attribution): Others can distribute, remix, and build upon your work, even commercially, as long as they credit you.
- CC BY-SA (Attribution-ShareAlike): Similar to CC BY, but others must license new creations under identical terms.
- CC BY-NC (Attribution-NonCommercial): Others can remix and build upon your work non-commercially, with attribution.
- CC BY-ND (Attribution-NoDerivs): Allows redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit.
Using CC for Lyrics:
- CC licenses can be a great way for emerging artists to share their lyrics while maintaining some rights.
- Consider which rights are important to you (commercial use, derivative works, etc.) when choosing a license.
- Always properly attribute CC-licensed lyrics you use, following the creator’s specified attribution requirements.
- Remember that CC licenses are irrevocable—once you publish under a CC license, you cannot retract those permissions.
Fair use is a legal doctrine that permits limited use of copyrighted material without permission from the rights holder. It’s important to understand how fair use applies to lyrics.
Fair Use Factors:
- Purpose and character of the use (commercial vs. non-profit, educational)
- Nature of the copyrighted work
- Amount and substantiality of the portion used
- Effect on the potential market for the original work
Lyrics and Fair Use:
- Quoting a small portion of lyrics for criticism, commentary, or education may qualify as fair use.
- Courts often view lyrics as highly creative works, which typically receive stronger copyright protection.
- Using even a small portion of lyrics can be considered substantial if it’s the “heart” of the work.
- Commercial uses (like merchandise or advertising) are less likely to qualify as fair use.
Important Note
Fair use is determined on a case-by-case basis, and there are no hard and fast rules. When in doubt, it’s safest to seek permission from the copyright holder or consult with a legal professional.