A few seconds of a song.

I want one of my characters to sing a brief line from a popular song. I'm thinking, with such a small snippet of a copywritten source, I should be cool. Anybody have any more knowledge on this?

"And they call him Sandy Claws".

That's the line, and I'd like my actor to sing it exactly as it is sung in the original movie.

http://www.youtube.com/watch?v=uomn05p-2LM

The exact line in question is at the 2:35 mark.
 
"Fair use" doctrine is complicated. Here's the relevant section from the U. S. Copyright Office memo:

Fair usage allows for “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author’s observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.” [my emphasis]

Rulings in the past tend to center on "insubstantial" usage that doesn't affect the marketability of the original work, in which the usage was considered "fair."

Your proposed usage is quite insubstantial, hence fair. The problem is whether it is also considered a "parody." I wouldn't know that unless I saw the context. From Dictionary.com: PARODY: a humorous or satirical imitation of a serious piece of literature or writing.

So, it likely is, i.e., I assume you have a character sing the line as a humorous imitation in a way that alters it's meaning in the context of YOUR script.

If that's the case, you shouldn't have a problem. If not, then I suppose you should be prepared for Tim Burton's lawyers to descend on your ass like locusts.

-Charles
 
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I have a scene where the characters, shooting pool and drinking, sing a horrendously off-key chorus of "Tell Laura I love her." We're pretty sure that it falls under "parody", but just in case, we also reshot the scene with a "made up" chorus...In another film, we're rolling the dice with an actor singing 4 seconds of "If I were a rich man".

Best

Midnite
 
Correctamundo @Adeimantus.

Surprisingly the proprietors can pursue a law-suit strictly on the basis of their material being mentioned, although this as likely to occur as Arnie returning to his leather jacket and shotgun. So as it's not strictly usage of their product, also taking in consideration the time-span which is nothing more than a short-sentence, the court would rule on merit, representation and context in which it was portrayed.

You're safe Cracker.
 
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