How Copyright Works: Fair Use, Parody, and Copyright Infringement | Berklee Online

In this video, Berklee Online course author Dr. E. Michael Harrington describes how to distinguish between fair use and copyright infringement through examples such as “Something in the Way She Moves,” by James Taylor, which George Harrison borrowed for a popular Beatles song. Dr. Harrington also explores cases involving the Dixie Chicks with their song, “Sin Wagon.” Another song called “I’ll Fly Away,” written by Albert Bromley, is the complete opposite of “Sin Wagon”; they have completely different ideas behind them. The Dixie Chicks wanted to use “I’ll Fly Away” to create a parody. They were sued for those three words, “I’ll fly away,” even though parody is fair use, which is legal. Dr. Harrington cites a peculiar example of Miles Davis and Jimi Hendrix as well. He explains how even though a title is not copyrightable, if the title is also a lyric, then it is copyrightable. Parody, according to the Supreme Court, means you have to take from the heart of the song because the listener has to be reminded of what the song is about. If you state a melody the same way another artist did (such as the Beatles), the same number of times, this is direct copying. It is debatable whether or not this is fair use.

About E. Michael Harrington:
Dr. E. Michael Harrington is a professor in music copyright and intellectual property matters. He has lectured at many law schools, organizations, and music conferences throughout North America, including Harvard Law, George Washington University Law, Hollywood Bar Association, Texas Bar, Minnesota Bar, Houston Law Center, Brooklyn Law, BC Law, Loyola Law, NYU, McGill, Eastman, Emory, the Experience Music Project, Future of Music Coalition, Pop Montreal, and others. He has worked as a consultant and expert witness in hundreds of music copyright matters including efforts to return "We Shall Overcome" and "This Land Is Your Land" to the public domain, and has worked with director Steven Spielberg, producer Mark Burnett, the Dixie Chicks, Steve Perry, Busta Rhymes, Samsung, Keith Urban, HBO, T-Pain, T. I., Snoop Dogg, Collin Raye, Tupac Shakur, Lady Gaga, George Clinton, Mariah Carey, and others. He sits on the editorial board of the Journal of Popular Culture, advisory board of the Future of Music Coalition and the Creators Freedom Project, and is a member of Leadership Music. Michael has been interviewed by the New York Times, CNN, Bloomberg Law, Wall Street Journal, Time, Huffington Post, Billboard, USA Today, Rolling Stone, Money Magazine, Investor's Business Daily, People Magazine, Life Magazine, and Washington Post, in addition to BRAVO, PBS, ABC News, NBC's "Today Show," the Biography Channel, NPR, CBC and others. He teaches Music Business Capstone and Music Licensing courses at Berklee Online, and is the course author and instructor for Music Business Law, part of the curriculum for Berklee Online’s Master of Art in Music Business degree.

About Berklee Online:
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Copyright Law | E. Michael Harrington | Fair Use | Copyright Infringement | James Taylor | The Beatles | Dixie Chicks | Parody | Miles Davis | Jimi Hendrix | Albert Bromley | Music Business | Berklee Online | Berklee College of Music | Music Business Law

[KevinLynchNJ]

He was my professor at WPU when I went. Dr. E Michael Harrington!!

[rloke]

It is my frustration to upload cover songs in you tube because most of the time I got the cpr claim...Thanks a lot sir for sharing your thoughts on the issue of how copyright works. I've learned a lot.

[rickfranklin]

Dr E. Man I love this guy. I had the honor to work with this man. One of the best. Just hope he’s still riding his bicycle. Cheers mate.

[Andybaby]

Q: What if you A: change *some* words (eg "she hates you"), B: change *some *notes (eg from minor to major), and C: change the style (eg pop to metal) .. BUT the orignal song still clearly recognisable?

[Fireeater-rlep]

Copyright is freaking terrible. On the one hand, you want to protect your work, but on the other hand, people sometimes use it in a selfish and greedy manner. Most of these people are rich Hollywood idiots who have already made millions, but they want more, more, more!

[papa_da_engineer]

Both of these videos are great! I learn so much from watching, even listening, I always look foward to your copywrite talks🔥💯💯✌💪💪👍

[Ryanizer]

That accent takes me right back to my Boston days

[virtualoutburst]

As someone who was raised in the church this tells me a lot about the type of people who own the rights to I’ll fly away vs the rights of the Beatles song.

[LeemanStevens]

So does this mean that if you don't commercialize the work and purely release it as a free speech argument to comment on the original work, then there is no copyright infringement?

[Ryanizer]

Also I'm particularly interested in how parody works in visual media, i.e. a comic book. Would anyone have any recommendations, as most of the parody and other copyright material that I've found typically concentrates on the music industry, which, while lovely, isn't really the field within which I'm interested in practicing.

[RockG.o.d]

dixie chicks use the words ill fly away and they get taken to court then settles out of court. like wtf. even if it wasn't parody, I don't see how any form of infringement would have been done. many others have used those words too.

[AndrodWorldMedia]

I’m writing a novel and on numerous occasions, I quote lines from popular songs’ lyrics (most often a line or two at most). In every case I give proper credit to the author(s). My son says I need to get permission in every case. Is that true?

[SheliaKingsongwriter]

great info. did not know this legality.

[thatswhatisaidCA]

Soooo to clarify, (I'm a youtuber) if I just change the words to make it funny and entertaining, I guess that's not "comment, criticize or ridicule" and it would get a strike? Isn't it technically still copyright infringement because i would be using someone's music to sing along to? (p.s. I contacted a particular artist's label asking if i could change the words, they asked to see the words, and said no. If I haven't have asked, i wonder if they would have let it go (if they ever found it). Comments?) Much thanks!

[lindacooper]

Need to clarify points and put on the screen. If someone uses a 4 chord melody they find online, puts their own lyrics and vocals to it, is this a copyright? Does changing the key or adding another instrument, then make it okay to sell it commerically? I saw another video and the guy implied just changing the speed and key of the song, takes away copyright infringement, is this right?

[AmericanSpyFox]

The problem with parody is there is a fine line between comedy and just plain out cruelty. That's why the Greeks called it Tragedy.

[JediStockTrader]

Can a person use a imitation or similar voice to yodas voice to sell a product? voice only!????Curious

[nordicwithus]

Can you upload a parody song without copyright claim? I haven't tried it yet but interested to know how it works

[haayjaay]

Does anyone know how sampling of an interview works. For example sampling lets say 40 seconds of an interview. Would it be illegal to use it without permission?

[knotheadusc]

What a fascinating video! Thanks for sharing it.