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Most of the fair use case law I have seen doesn't try to differentiate between good and bad commentary about the work they are building upon because it's really
by greg5green 13y ago
Most of the fair use case law I have seen doesn't try to differentiate between good and bad commentary about the work they are building upon because it's really tricky and subjective.
Also, with "at best half of the work being used" I was referring to the fact that it is just lyrics and doesn't include the other elements of the song.
- alex_c 13y agoAh, I see. AFAIK the lyrics and the recording are considered distinct works with separate copyright (and often different owners), so the lyrics count as the "full" work in this case.
- greg5green 13y agoI think you might be right about that. I vaguely remember that weird difference being part of the way Hallmark has managed to hold the copyright to Happy Birthday. If I remember correctly, the lyrics were way out of copyright, but the piano arrangement that was written in the 30s or 40s and is now in common use now was copyrightable. Bleh.
- hipsters_unite 13y ago@alex_c is right: the recorded iteration of the song is one licence, and the music and lyrics (covered by the publishing licence) is another. If Rap Genius haven't licensed the music and lyrics, then it's no different legally to filesharing mp3s.