Web Blog of Connie Vines, author or multi-genre fiction. Awards: H.O.L.T. Medallion (Honoring Outstanding Literary Talent), Orange Rose, Award of Excellence--Contemporary Romance; Independent eBook Award, Dream Realm Award. National Book Award and Frankfurt Book Award, nominee--YA Historical Fiction. Blog includes guest bloggers and snippets of WIP.
Q: What are the legal
ramifications of reproducing song lyrics in a manuscript? If permission from
each copyright holder is necessary, what’s the best way to secure these
permissions? Also, can I use a song title as the title of my book?—June
Song lyrics are copyrighted, which means you need permission to use them.
According to our legal expert Amy Cook, there isn’t any specific law about how
much you can take under fair use, but it’s common for the music industry to say
you need permission for even one line of a song.
music industry is pretty vigilant about song lyrics,” Cook says. “This is
especially true if you’re using the lyrics in a novel to progress the story or
add atmosphere. If you’re a music critic reviewing a CD, you have more leeway
under fair use.”
way you can check to see if the song is still under copyright protection is to
visit www.copyright.gov. This online site lists all copyright records
dating back to 1978. For anything before that, you’ll need to contact the U.S.
Copyright Office and may have to pay to have the records checked for you.
way to find the owner of the copyrights is to contact the American Society of
Composers, Authors and Publishers (ASCAP) or Broadcast Music, Inc. (BMI). These
two major music performance rights organizations don’t grant permission, but
they can help you find the publisher of the song you’re looking to use.
you find the rights owner, you must ask for his permission. He could offer you
the rights for free, completely deny you the rights or ask you to rename your
dog after him. The price is completely up to the music publisher.
a practical matter, you don’t need to worry about getting permissions until
your work is going to be published,” Cook says. “And your publisher may help
you in securing permissions. Most publishers provide their authors with their
permission guidelines and forms.”
for song titles, however, titles of any kind (book, song) aren’t copyrightable.
But they occasionally can be subject to trademark or unfair competition laws.
you used a really famous song title or part of a song as a title —say, ‘Yellow
Submarine’— that’s so closely tied to a specific group (or artists), then you’d
probably get a letter from their lawyers,” Cook says.
What's Considered Fair Use and What Isn't?
Q: Is it necessary to
ask permission to reprint an article if the reprint is used in a strictly
Title 17, Chapter 1, Section 107 of the U.S. code states that “the fair use of
a copyrighted work, including such use by reproduction in copies … for purposes
such as criticism, comment, news reporting, teaching (including multiple copies
for classroom use), scholarship or research, is not an infringement of
copyright.” But not all material is protected for your free use. There are
provisions, and our legal expert Amy Cook says the writer must weigh some
factors before considering the work fair game.
an article on a hot issue was published, and you distribute it to a large class
without permission—ostensibly to examine the writing style—those students wouldn’t go buy the magazine,” Cook says, and
the magazine would lose sales. “You can’t destroy the market value for the
also take into account whether the original work is more factual (which more
readily falls into a fair use) or if it’s more creative (less likely to be a
fair use). The amount and substantiality of the portion used in relation to the
copyrighted work can come into question, too; so taking an entire article is
bottom line is that writers or users should take only the smallest amount they
need to comment on it,” she says. “The mere fact that it’s an academic use
doesn’t automatically protect you. If in doubt, simply get permission.”
Brian A. Klems is the online managing editor of Writer’s Digest magazine.