Question.

The character in my book sings a popular song.
I got the lyrics from the I-Net.

In a situation such as this, do I need permission to use the lyrics?

Probably so. How old is the song?

Malcolm

P.S. I'm expecting a copy of your book to arrive this week; I'm looking forward to it!

If it's a popular song, do you need to include the lyrics? Would the opening line be enough?

Actually there are two songs. The Rose with the lyrics in English and in German as well as a German song, "Du, du..." in German and in English.
I suppose I could start the song, mix it with conversation, and then use an ending on both. Do you think that would work?

This is a tough one lately: the whole scene of lawyers running around busting people for what has been considered "fair use" in the past has muddied the waters. The RIAA is backing off somewhat...so maybe we won't continue to see documentary films sidelined because you can hear a song in the background in a ghetto street scene, but it's very shaky ground.

If you run the whole lyric sheet, you are definitely infringing.

What you see a lot is snippets interspersed in narrative. Which is what I would do if I wanted to quote a song. But there is just no telling anymore what is OK and what's not. In the USA, at any rate.

(I get around any such problems by writing my own lyrics)

Sorry for not responding Malcolm. I'm pleased that your ordered my book.

Lin, Shelagh,
thanks. I don't know where to get the permission but I'll start with some googles.

If the song is not in the public domain, the rights organization would almost certainly be ASCAP in the USA or BMI in the UK.

Both are insanely difficult to deal with, especially for anybody not seeking the standard licences they are used to. They might have some helpful guidelines.

A perhaps more helpful source of permission would be the publishing company of the song. Should be easy to find, if it's not right on the lyric sheet you got from the net.
I've had rotten luck trying to correspond with publishing companies, but they are all different and you could luck out.

Keep in mind that the license you obtain has to satisfy your publisher, chiefly.
As with releases for photos, excerpts, etc, it's often best to start with your publisher, ask them what they need, then see if you can get it from the song publisher.

Good luck

Abe, a few years ago I was editing a PA author’s book, and I found two stanzas/verses of a song popular in the /60s, definitely a copyright infringement. I immediately notified the author, she notified PA and PA pulled the book. It had already been published, but the author was hoping PA would reprint the edited version.

I tried to help her with the process of getting permission to print the lyrics, but it was a nightmare. You have to find the songwriter(s) and sometimes that’s very difficult, and it can be even more difficult to get their permission to use the lyrics. But I’ve heard of cases where the songwriter will sue the violator, sometimes for big bucks, so I’d strongly advise, unless you have permission, to simply print the title, which, from what I’ve been told, is okay.

Or you could use the title, then paraphrase a few of the lyrics.

There have been debates on what’s considered ‘fair use,’ and some have said you can quote the first line, or the first few words, and some have said it’s okay to use the first 500 words, but none of that has been proven – at least it hadn’t when I was researching. I haven’t checked in a while, but I’d tread very carefully if I were you. Wouldn’t want to have to bail you out of the pokey, ya know...

I was just sued for using an unauthorized photo on my website, which I thought had been authorized by the author who 'shared' it with me, and in the formal papers, they told me simply removing the image was not sufficient. They demanded payment, which was a four-figure amount.

There ARE watchdogs out there, so be careful.

You can't actually copyright words. You could easily write a line of a song in narrative without being aware that song even existed. However, if you say that someone burst into song, you can't then claim to not know the words of the song!

Lyrics in a popular song ARE under a copyright law, Shelagh, as are words in a novel. I believe a copyright is valid for 75 years before it reverts to fair use, or some such thing. As I said earlier, I haven't researched it in a while.

Nora Roberts took popular author Janet Dailey to court for copyright violations and won. NR proved certain phrases JD used in one of her books was the same used in NR's books. Big bucks were involved in that one.

Abe,

This page should answer all your questions and, at the end, you wil find links to musical publishing rights:

http://www.absolutewrite.com/novels/need_permission.htm

Brenda, by words, I meant:

Several categories of material are generally not eligible for federal copyright protection. These include among others:

• Works that have not been fixed in a tangible form of expres​sion(for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)
  
• Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
  
• Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
  
• Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)
  

http://www.copyright.gov/circs/circ1.html

Yes, titles and short phrases are not subjec to copyright, but who can prove what a 'short phrase' is?

After my experience with the watchdogs, I'd still advise Abe to have his character paraphrase a few words of the song. It's not a good idea to risk a court battle over who's right. As in everything, it takes money and time to prove a case and/or to defend it.

But of course, each writer has to decide for him/herself what risks he/she wants to take. Just be aware there is a risk.

I agree.

So we agree on something? That's as strange as when I agree with Dick - of course agreeing with him only occurs occasionally, thank goodness.

I never disagree with you, Brenda; I just have a different opinion.

I am about to send off the article about self-publishing. As soon as it is online, I'll let you know.