Copyright laws??

Question

I am the editor of my highschool yearbook. I was wondering if we used the theme as the yearbook "life is a highway" is that copyrighted?? We wouldn't use any lyrics or anything just road marks and stuff, our publisher takes forever to get back to us i can't stand waiting.
Thanks <3

Answer 1

If you quote the song, be sure to credit the quote(s).

This would most likely fall under Chapter 1, Section 7 of US Copyright law under title 17: Limitations on exclusive rights: Fair use.

"...the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include — "

"(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;"

Yours would be considered "nonprofit educational purposes" most likely. The yearbook is a student production, after all.

"(2) the nature of the copyrighted work;"

The "copyrighted work" is a song, you are using some of the lyrics in a yearbook.

"(3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and"

If creditted and not printed in its entirety, this is nominal, and anyone not familar with the song would probably not recognize it as such. Even printing it in its entirety, someone unfamilar with the artist might assume it is simply a poem. You also, do not intend to perform, record, or sell the song itself, and so are not competing against the artists interest.

"(4) the effect of the use upon the potential market for or value of the copyrighted work."

I cannot conceive that this would have anything other than a positive effect, if any; on the "potential market for or value of the copyrighted work."

Just because you might be right, does not mean you cannot be sued, however. You should always ask. That way, the worse thing that can happen is that they say no.

Send a letter, explain how you will be using any copyrighted material. Specifically go over the fact that while you feel you would qualify for exemption under Chapter 1, Section 7 of US Copyright law under title 17, that you would prefer to have the Mr Cochran's blessing.

Answer 2

expressions cannot be copyrighted, but they can be trademarked

if you are just using the expression, then you are not in violation; however, if you are using hte lyrics in their entirety to that song, then you'd be in violation (lyrics can be copyrighted).

dont understand what you mean by roadmarks unless you mean road signs. Roadsigns are considered icons and are pretty much in the public domain.

Answer 3

If it is copyrighted, your school probably owns the copyright. So unless your school plans on sueing itself, I don't think you have to worry.