fair use or copyright?

[Lithos]

I've been trying to answer this with internet searching but can't find a definitive answer. Is a nursery ryhme fair use? I've looked it up and there are about 200 copyrighted versions of Twinkle Twinkle Little Star, but I'm pretty sure they're all special arrangments or performances. In my documentary there is a clip of a girl singing this song in Spanish. It's no special arrangement or anything, and as it's in a foreign language I think it's fair use. Can anyone confirm that?

 

[CharlieG]

Check the wiki out about "twinkle"
http://en.wikipedia.org/wiki/Twinkle_Twinkle_Little_Star

I would think you are safe since the melody & words (or varations) go back to the 1700-1800's

 

[dustino]

It may take some time to do the reading, but this is a great source. The organization has made fair use accessibility one of the primary areas of their mission:

http://www.centerforsocialmedia.org/resources/fair_use/

Edit: This link directs you to a fairly comprehensive guide that should answer some questions:

http://www.centerforsocialmedia.org/resources/publications/statement_of_best_practices_in_fair_use/

 

[GenJerDan]

Considering Lewis Carroll parodied it in the 1860's, I'd say the copyright on the original has expired.

 

[Lithos]

Yeah, and seeing as how the original was a French tune with questionable content according to the wiki entry. Thanks for the help. It looks like i'm probably in the clear. Center for Social Media is a really great source. I was trying to sort through all the articles when I posted my question. I'm sure I'll be going back to that site some more.