can lyrics that are under a copyright be used in visual art work without legal issues popping up?


let's say i want to include some lyrics that are copyright protected in a painting- is that okay? i can't seem to find anything on google.
Best Answer:
Copyright protection includes the right to preserve others from making derivative works or converting protected works into other forms (like making a sculpture from a protected painting). Why not simply use lyrics from something so old that it is no longer protected, as would be the case for anything published prior to the 1920s? Or see if the copyright owner will grant you a simple license; they may certainly crave the renewed awareness of their works.
From your side you would argue that the inclusion of copyrighted material(s) in your work falls underneath "fair use" but copyright holders can contest this if they see grounds for it. You can read the wikipedia page on fair use to get some more info: http://en.wikipedia.org/wiki/Fair_use
Respectfully, Eric is completely wrong. Nothing you described would, surrounded by any legal context, be remotely considered Fair Use pursuant USC Title 17 Section 107. Unfortunately, the lyrics of a song are copyright protected by the song's author, and/or publishing company. The only way you could claim Fair Use within this case, would be if your painting was a perversion or criticism of the original song. Otherwise, to use lyrics from a protected song, of any nature (painting or otherwise) you would have to desire permission, and license from the copyright owner... Most likely through ASCAP, SESAC or BMI (or, depending on the song, directly from the copyright holder.) To help you further, I would obligation more details about the specific situation. Hope this helps... G.C. Hutson, Chief Executive and Senior Partner Sadien Intellectual Property, Inc. http://www.Sadien.com