Expert: Shannon Moore - 7/2/2009

Question
QUESTION: I am writing a book in which I want to quote a line in a 1950s TV commercial, for Omar Bread.  The company has been out of business for some time, I believe.  Do I have to get permission to quote one line of the song they used?  If so, how would I go about getting permission, since the company no longer exists?

ANSWER: Dear Lois,

Depending on the context of your book you may not need permission at all:

"Under the fair use doctrine of the U.S. copyright statute, it is permissible to use limited portions of a work including quotes, for purposes such as commentary, criticism, news reporting, and scholarly reports. There are no legal rules permitting the use of a specific number of words, a certain number of musical notes, or percentage of a work. Whether a particular use qualifies as fair use depends on all the circumstances. See FL 102, Fair Use"

http://www.copyright.gov/fls/fl102.html -- Link to FL 102

If that's not the case, I'd recommend looking up to see who owns the copyright now: http://www.copyright.gov/records/ While the originator may be out of business, the copyright may have been transferred.

Please let me know if you have any further questions.

Hope that helps! I wish you much success & happiness in all your ventures!

Warmest regards,
Shannon Moore
General Manager, TradeMark Express
http://www.tmexpress.com
http://tmexpress.blogspot.com

---------- FOLLOW-UP ----------

QUESTION: So far, I can find no copyright notice for "Omar" bread or bakery. My book, which is non-fiction, tells how to retrieve lost memories of the past. In it, I quote the first line of the "Omar" song as it came back to me, as a memory from my childhood. Would this be considered fair use? Thank you so much for your help.

Answer
Dear Lois,

Unfortunately, this is crossing over into the realm of legal advice & I can't assist you. I'm happy to refer you to an intellectual property attorney, if you like. My apologies, I truly wish I could help.

Warmest regards,
Shannon Moore
General Manager, TradeMark Express
http://www.tmexpress.com
http://tmexpress.blogspot.com