Writers often draw inspiration from a multitude of sources, including fellow writers and diverse artists. However, acknowledging and properly attributing sources is not just a matter of professional ethics—it’s a legal necessity.
The allure of enriching your narrative with a well-known song lyric, a poignant line of poetry, or even a striking image is understandable. And indeed, such elements can add depth and resonance to your work. Yet, this creative enhancement comes with responsibilities. As a content creator at payoffsong.com, I frequently encounter manuscripts where excerpted material requires permission for use. This often leads to the inevitable author question: “How exactly do I secure these permissions?”
The Labyrinth of Licensing
Let’s be frank, the process isn’t straightforward. While my professional inclination is to be encouraging, when it comes to navigating permissions, my advice leans towards caution: if you can avoid it, do. There’s a reason many of us chose writing over law school.
However, if you’re determined to include that specific lyric about heartbreak or triumph, then proceed with awareness. This guide will concentrate on song lyrics, as they represent a frequently encountered copyright challenge.
You’re free to write that your characters are energetically dancing to the Rolling Stones’ iconic song “Satisfaction.” Song titles themselves are not subject to copyright. However, quoting the actual lyrics—I can’t get no satisfaction—constitutes using the rock band’s copyrighted work.
Resistance noted. Perhaps you’re set on incorporating a particular Taylor Swift lyric, believing it’s crucial to your story. It’s integral to the narrative! If your heart is set, let’s delve into the necessary steps.
The Author’s Responsibility: Permission Acquisition
It’s a common misconception that publishers will handle the often intricate task of securing permissions. However, a close reading of most publishing contracts reveals this responsibility typically falls squarely on the author. Securing—and potentially paying for—permissions is your undertaking.
Unraveling the Copyright Ownership
So, who exactly holds the copyright for the song you wish to use? It could be an individual or a company. Fortunately, resources exist to help you identify the copyright holder. Music producer websites are valuable tools for discovering the appropriate contact for licensing requests. Organizations like www.ascap.com, www.bmi.com, and www.sesac.com offer databases and resources to aid in this search.
Essential Information for the Copyright Holder
The copyright owner will require specific details to assess your permission request. Crucially, they need context: how will the lyric be used? This is vital as, for instance, Taylor Swift’s representatives might not approve of her lyrics appearing in a horror novel.
Clearly articulate the intended use: will the lyrics be part of the main text (specify page numbers), a chapter title, or perhaps an epigraph? (Yes, even epigraphs utilizing copyrighted material necessitate permission.)
In your communication, introduce yourself as the author of a book (provide the title) and precisely specify the lyrics you wish to quote. Be exact, and indicate the word count of the excerpt.
The copyright holder will also need to know the publishing house that will release your book, along with the intended sales territories. Did your publisher acquire World Rights, or only rights for specific regions like the U.S.? Copyright holders need to understand the scope of distribution and potential audience reach of their lyrics. Consequently, you’ll likely need to provide the projected print run of your book—information that can sometimes be challenging to obtain at this stage.
The Patience Required: Navigating Response Times
For smaller print runs, some copyright holders might waive fees, but this is not guaranteed, and permissions can be expensive. Furthermore, obtaining a response can be a lengthy process, as your request may be routed through various departments within a music production company. You might need to resubmit requests to different contacts or complete online forms.
And sometimes, despite your efforts, you might not receive any response at all. While documenting your diligent attempts to secure permission might offer a degree of legal protection for using the material, it’s not an ideal approach. Copyright holders can emerge after publication, demanding payment or threatening legal action.
Public Domain and the Nuances of Fair Use
As of 2024, music and lyrics published before 1928 are considered public domain and are free for unrestricted use. (A list of public domain songs is available here.) Generally, an artist’s work enters the public domain roughly seventy years after their death. However, be mindful of potential newer versions or arrangements of older songs that might have renewed copyrights. Copyright law is rife with ambiguities, which can lead to complex legal disputes.
Copyrighted material can sometimes be used without explicit permission under the “fair use” doctrine. However, fair use isn’t a blanket exemption. It typically applies to using excerpts for purposes like critique, commentary, or parody. Simply having your characters sing “Satisfaction” lyrics in your book does not qualify as fair use.
An Alternative Approach: Working Around Direct Quotation
Let me be clear: I am not advocating for disregarding copyright law. Quite the opposite. Instead of writing:
Emily and Kara were dancing around the bedroom, using their hairbrushes as microphones and doing their best Taylor Swift impressions. [Taylor’s lyrics quoted here]
Consider a more indirect approach:
Emily and Kara were dancing around the bedroom, using their hairbrushes as microphones and doing their best Taylor Swift impressions. They giggled as they sang about being young and reckless, about having lovers (they didn’t have). Mostly, they sang about the glory and torture of being in love.
This conveys the essence without directly infringing on copyrighted lyrics.
Legal Caveat
This guide provides general information, but legal interpretations can be multifaceted and nuanced. As I am not a legal professional, this post should not substitute for actual legal counsel regarding your writing. Furthermore, don’t assume a publisher’s lawyer will resolve copyright issues later. When in doubt, it’s always safer to omit the potentially problematic material.
Artist Solidarity: Respecting Creative Rights
While securing permissions can be a demanding task, remember the underlying principles. In today’s landscape, protecting creative copyright is more critical than ever. Consider the ongoing challenges authors face in safeguarding their work from AI scraping.
As professional writers, respecting intellectual property rights is paramount. If you value the protection of your own creative work, extending the same respect to other artists is essential. Fairness dictates that we shouldn’t expect to use their creations for free.
Have you incorporated song lyrics in your writing, or have you considered it? What songs were involved? Share your experiences on Facebook.
