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How can I legally use a song lyric or melody from another artist in my own music without infringing on their copyright?
**Copyright protection exists from the moment an original work is "fixed" in a tangible medium**, such as a recorded audio file or written notation.
**Fair use doctrine is fact-specific and often unclear**, making it a risky approach to use copyrighted material without permission.
**The U.S.
Copyright Act of 1976 states that copyright infringement can result in statutory damages of up to $150,000 per infringement**.
**Using a line from another song without permission can be considered copyright infringement, even if it's just a few words or a short melody**.
**Copyright law protects original musical compositions, including melodies and lyrics**, making it essential to obtain permission or a license before using someone else's work.
**Song titles, movie titles, book titles, album titles, and article titles are generally okay to use without permission**.
**Trademarks are different from copyrights and offer different protections**, with trademarks protecting brand names, logos, and slogans.
**The fair use doctrine allows for limited use of copyrighted material without permission, but it's often unclear and fact-specific**.
**When invoking fair use, there are two important considerations: the purpose and character of the use, and the nature of the copyrighted work**.
**The amount of copyrighted material that can be used without permission is not fixed and depends on the specific circumstances**.
**Using a song without permission is risky, but it's unlikely that the owner would immediately sue**; however, it's still important to err on the side of caution.
**The Copyright Society of the USA recommends that songwriters and artists always consult with a legal expert or the copyright holder directly to ensure compliance with the law**.
**Mechanical licenses can be obtained to use copyrighted material legally**, but the process can be complex and time-consuming.
**The public domain is a legal concept that refers to creative works whose copyright has expired or was never protected**, making them free to use without permission.
**Fair use is not a defense against copyright infringement; it's a legal doctrine that allows limited use of copyrighted material without permission**.
**The U.S.
Copyright Office provides resources and guidance on fair use and copyright infringement**, but ultimately, it's up to the courts to decide what constitutes fair use.
**Sampling a song without permission can be considered copyright infringement**, and the copyright owner may take legal action.
**Copyright infringement cases can be complex and fact-specific**, making it essential to consult with a legal expert or the copyright holder directly.
**Musicians should know that copyright protection exists from the moment an original work is "fixed" in a tangible medium**, and they should take steps to protect their own work.
**The fair use doctrine is defined in the U.S.
copyright statute**, but its application is often unclear and fact-specific.
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