Contracts and other legal documents, of which software licenses would fall, are protected by copyright, in general. However, not every contract would be; according to Kenneth Adams (NY Law Journal, 2006:
That doesn’t mean that every contract is so protected. If you copy someone else’scontract verbatim, changing only the party names, dates, and similar details, a courtwould likely find the contract insufficiently original and creative to support a claim ofcopyright violation if in turn someone were to copy your contract.
That said, a contract still can be protected by copyright (and, similarly, a software license) if it has some unique, "creative" additions to make it separate from, well, all of the other nearly identical licenses out there. The article above cites American Family Life Insurance Co. of Columbus v. Assurant, Inc. (N.D. Ga. 2006) in supporting that contracts can be protected by copyright; in that case, Aflac wrote contracts in a "narrative" style that was more easily read by their customers, and Assurant copied those. The court held they were protected by copyright.
The article goes on to explore whether lawyers copying bits of other contracts are likely violating copyright, and determines that for the most part they aren't, though not because of fair use; but rather, because the contracts they're copying are for the most part copies of copies of copies, and thus aren't themselves protected by copyright any more than I would be protected if I typed out Romeo and Juliet.
Does such copying constitute fair use? There’s precious little to suggest that it does. If a law firm is able to produce for its clients contracts that are distinctive in terms ofsubstance or language, the law firm would derive a competitive advantage that it wouldlose if its competitors were able to copy those contracts with impunity.
But that’s not to say that corporate lawyers should stop copying from contracts they find on EDGAR or elsewhere. It’s a safe assumption that the vast majority of contracts are either outright copies that aren’t entitled to copyright protection or contracts that derive copyright protection from their status as compilations. Because any compilation contract would resemble countless other contracts, a law firm would likely have a hard time demonstrating breach of copyright of its compilation contract.
So the answer seems to be "sort of" - if you're copying a software license that is effectively the same as every other software license out there, then you're probably safe. Just don't copy one that's distinctive - do some searches to make sure what you're copying has a few thousand Google hits from different sites.
Or, just use one of the many CC licenses, which will happily allow you to use their text.