9:51 PM

… and, the EFF’s response to Warner/Chappell.

We write today to inform you that the distribution of software such as pearLyrics does not violate U.S. copyright law and that any legal threats by Warner/Chappell against U.S. software developers in connection with software similar to pearLyrics could expose Warner/Chappell to legal action in U.S. federal courts.

As you know, Apple’s iTunes software includes a “lyrics” field for every digital song file, permitting users to add lyrics to song files purchased from the iTunes Music Store or copied from CD. Lyrics can then be displayed when the song files are played on certain iPods. It is our view that this activity--annotation by individual music fans of legitimately acquired music--would be viewed as a “fair use” under U.S. copyright law. At a minimum, we know of no legal authority suggesting that such personal, noncommercial copying of lyrics constitutes infringement.