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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 41220
Experience:  I assist my clients with IP questions that arise in their daily course of doing business.
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I want to make cards full time . Example: front cover

Customer Question

I want to make cards full time for profit. Example: front cover "You're so smooth, Sweetheart" or "You're smooth like Monalisa". With my original art work on the front also. We know Rob Thomas and Carlos Santana had a great hit with the song titled "Smooth" The lyrics to that song are romantic and different as far as expression. One the inside: Blank. Can I have a separate sheet of paper inside the card, which suggests the buyer of the card refer to that song for phrases/verses from that song to write, themselves. I did not write or have that language printed for profit. Is this acceptable without infringements?
Submitted: 4 months ago.
Category: Intellectual Property Law
Expert:  Dimitry K., Esq. replied 4 months ago.

Thank you for your question. Please permit me to assist you with your concerns.

It appears that what you are trying to do is utilize lyrics for profit. That type of use is not covered under 'fair use', and as you are not doing this as parody, or as an educational manner, but are instead using this for profit, such use is not generally permitted. You would need to obtain permission from those who own the rights to the lyrics since you are expressly and directly referencing them in your creation.


Dimitry, Esq.

Customer: replied 4 months ago.
On my original page two men responded to my question.The attached man, Dimitry and a man named Taylor, Attorney. I did not open a new page. I responded to Taylor who was on the same the original page. They spoke back and forth about who got to me first. I chose to respond to Taylor. The note under Taylor's name stated I could continue without further charge. I wrote to Taylor due to the NO CHARGE policy in his information. Your company is acting like a "bait and switch" situation. I am very dissatisfied. I should report your company-seriously. This is completely unfair! I trusted you. I trusted Taylor who is involved with your company. Betsy Lyle (Elizabeth J Lyle)
Expert:  Dimitry K., Esq. replied 4 months ago.

My apologies on the misunderstanding. I have asked the moderators to further assist you. Please be well.

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