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1. john m Says:
   June 15th, 2008 at 8:53 am

   only if they are not copyrighted by the speakers estate

2. clifton_woodruff Says:
   June 15th, 2008 at 8:53 am

   Yes rapper do it all the time..

3. shoshidad Says:
   June 15th, 2008 at 8:53 am

   It does not matter if the speaker is dead or alive, what matters is when the speech was given. If the speech was before the current version of the copyright law, then the speech is in the public domain unless it was copyrighted. If the speech was given after the current law went into effect copyright attached when the speech was written down.

   Technically, the sound from the press conference when "fixed in tangible form" (e.g. put on tape) is owned by the the entity that caught the sound. That entity may or may have a copyright in the fixed sound, again, if under the prior law they probably don't, if under the current law, they probably do.

   There is an exception under the copyright law for "fair use". What is and is not "fair use" is complicated, but commercial use which is not educational or scholarly research seldom is "fair use".

   Since you are going to want to copyright your song, you should respect others' copyrights. Best advice: consult an attorney who does entertainment law or copyright law.

4. BoredLawyer Says:
   June 15th, 2008 at 8:53 am

   Although they seem to disagree, the other respondents are both partly correct.

   There will be copyrights potentially held by others in: (1) the text of the speech, (2) the performance of the speech, (3) the recording or film of the speech, and (4) whatever source you've found the speech in. Those copyright-holders, not you, will have the exclusive right to reproduce, perform, duplicate, etc., the speech. It is possible the copyrights have expired and the speech, etc. are in the public domain, but copyrights have been greatly extended in recent history, so they are probably active and in someone's greedy paws.

   However, the courts have recognized a strong First Amendment right to make what is called a "fair use" of others' copyrighted works. Satire is protected, but creating the impression of an association with the original speaker or simply creating a derivative work (setting the whole speech to music, e.g.) would not be ok. The more of the original you use, the less right you have. It is much better if you are using the pieces to satirize the speaker, the speech, or its context, instead of just using the original to make fun of some other, unrelated thing. If your point is political, your speech would fall within what is considered the "core speech" protected by the First Amendment, so defenses like fair use and satire would be strengthened.

   Also, unless you make a pile of money or ruin some vast money-making thing the original copyright people have got going, it is pretty unlikely that anyone will give you much trouble. Unless there's serious money involved, their lawyers would probably discourage them from pursuing you beyond maybe a cranky letter. Have fun. Give 'em hell.

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