Alfredo Said:

Do you need permission to use a song lyric in a non-copyrighted book?

We Answered:

There is no exact answer, because it depends on how much of the lyrics you use, why you used them, etc. The legal doctrine that allows you to use other's copyrighted works is called fair use. There is no exact fomula, but you just weigh the following four factors to determin if the use is fair:

1. purpose and character of theuse:
a. commercial (bad) or not (good)
b. transformative (good) or slavish copying (bad) (note that you can use the same exact thing in a different context and be transformative.)
2. nature of copyrighted work (how much original expression is in original – fiction gets more protection than slightly creative recitation of facts)
3. amount and substantiality of portion copied compared with whole work (has Defendent taken substantial portion, if not, did D take heart of the work or minor parts)
4. effect of use on potential market for or value of the work – (this is most important – not just actual market, also potential markets. Also, consider aggregate effects if others make same use as D. Rightsholder can’t argue that effective parody/criticism destroys market. Consider potential licensing revenue.)

A court would just look at these factors and then do what it feels is right.