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Using Song Lyrics in a story

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For those of you who don't know, while the use of song titles in a story is ok under Fair Use laws, using song lyrics is not; Song titles are fine, lyrics are covered as 'creative works' (unless in the public domain). Yes, I know I've done it before without realizing it, but it's not ok unless you have permission from the song's writers (as opposed to the performer).

Just a heads up.

http://annerallen.blogspot.com.au/2013/03/so-you-want-to-use-song-lyrics-in-your.html

You can’t truly call yourself peaceful unless you are capable of violence. If you’re not capable of violence, you’re not peaceful. You’re harmless.

The legal beagles from the music business take this VERY seriously. Odds are editors, agents, and publisher types will reject any work containing such lyrics just to avoid possible legal hassles. Bottom line: get permission or get rid of the lyrics.

RUMPLATIONS: AwesomeHonky Tonk and Cyber Bar
Home of the Lush "IN" crowd: indecent, intoxicated, and insolvent
a place to gossip, share news, talk sports, pimp a story, piss & moan, or just grab a drink. Check it out.

Writing is not necessarily something to be ashamed of, but do it in private and wash your hands afterwords. -- ROBERT HEINLEIN
Are you serious?! One or two lines of lyrics from a popular song in a story doesn't constitute fair use?

Fuckin' showbiz assholes.
My latest story is a racy little piece about what happens when someone cute from work invites you over to watch Netflix and Chill.
Quote by Liz
This is a really interesting article on how much it costs an author to licence song lyrics (if anyone is interested):

http://www.theguardian.com/books/2010/may/01/blake-morrison-lyrics-copyright



That doesn't seem like that much really. Especially for an established author who knows they will sell books. I have used lyrics before and in all but one instance they weren't really needed to tell the story though. Even when I felt the lyrics were perfect I still could have written around using them but 500-1000 doesn't seem like all that much for a novel. Especially if they are perfect for a plot twist reveal or part of the ending or something like that.
Quote by Magical_felix


That doesn't seem like that much really. Especially for an established author who knows they will sell books. I have used lyrics before and in all but one instance they weren't really needed to tell the story though. Even when I felt the lyrics were perfect I still could have written around using them but 500-1000 doesn't seem like all that much for a novel. Especially if they are perfect for a plot twist reveal or part of the ending or something like that.


it would be a lot for someone publishing for the first time, though. lyrics are always a nice touch, but unless they are integral to the plot, it's probably wiser to just mention the song title.

You can’t truly call yourself peaceful unless you are capable of violence. If you’re not capable of violence, you’re not peaceful. You’re harmless.

Quote by sprite


it would be a lot for someone publishing for the first time, though. lyrics are always a nice touch, but unless they are integral to the plot, it's probably wiser to just mention the song title.


It's not that much.. A starving artist spends way more on paints and supplies before they even consider selling a piece. Plus those prices were from some of the more popular songs of all time. I'm sure indie music or just less popular music is way more affordable to use. Like the George Michael song was cheap - yeah he sucks - but that was only 200. Some indie artists might even let you use it free if you play the advertising angle.
Quote by Magical_felix


It's not that much.. A starving artist spends way more on paints and supplies before they even consider selling a piece. Plus those prices were from some of the more popular songs of all time. I'm sure indie music or just less popular music is way more affordable to use. Like the George Michael song was cheap - yeah he sucks - but that was only 200. Some indie artists might even let you use it free if you play the advertising angle.


don't argue with me or i'll punch you. (best way ever to win an argument!)

You can’t truly call yourself peaceful unless you are capable of violence. If you’re not capable of violence, you’re not peaceful. You’re harmless.

Quote by sprite


don't argue with me or i'll punch you. (best way ever to win an argument!)


Quote by Liz




that's what i'm talking 'bout!

You can’t truly call yourself peaceful unless you are capable of violence. If you’re not capable of violence, you’re not peaceful. You’re harmless.

Quote by Liz




Looks like I'm winning in that picture...
Quote by Magical_felix


Looks like I'm winning in that picture...


Jack, you're the dog. pretty much everyone else figured that one out. get with the program.

You can’t truly call yourself peaceful unless you are capable of violence. If you’re not capable of violence, you’re not peaceful. You’re harmless.

Quote by sprite


Jack, you're the dog. pretty much everyone else figured that one out. get with the program.


That dog looks blonde. Plus everyone knows I use a black and white cat as my avatar. Take Liz' subtle hint. You lost this one.
Quote by Magical_felix


That dog looks blonde. Plus everyone knows I use a black and white cat as my avatar. Take Liz' subtle hint. You lost this one.


sorry, no go - it's already well documented that i am the original kitty girl. plus, if you'll look carefully, the dog has no balls... that's pretty much you in a nutshell. smile

You can’t truly call yourself peaceful unless you are capable of violence. If you’re not capable of violence, you’re not peaceful. You’re harmless.

Quote by sprite


sorry, no go - it's already well documented that i am the original kitty girl. plus, if you'll look carefully, the dog has no balls... that's pretty much you in a nutshell. smile


The un-cleverness of this post is shocking.
Quote by Magical_felix


The un-cleverness of this post is shocking.


sometimes i feel the need to stoop to your level, puto.

You can’t truly call yourself peaceful unless you are capable of violence. If you’re not capable of violence, you’re not peaceful. You’re harmless.

Quote by sprite


sometimes i feel the need to stoop to your level, puto.


You're going to need one of these to get to my level.

Quote by Magical_felix


You're going to need one of these to get to my level.



here's the one you'll need to get to MY level.

You can’t truly call yourself peaceful unless you are capable of violence. If you’re not capable of violence, you’re not peaceful. You’re harmless.

Quote by Liz


Sharing? I got the drinks.

░P░U░S░S░Y░ ░I░N░ ░B░I░O░


Quote by sprite


here's the one you'll need to get to MY level.



Why did the blonde bring a ladder to the bar?

Because she heard the drinks were on the house.

Quote by Magical_felix


Why did the blonde bring a ladder to the bar?

Because she heard the drinks were on the house.



you're trying to hard, Jack, it smells of desperation. obviously you can tell when you're out classed.

You can’t truly call yourself peaceful unless you are capable of violence. If you’re not capable of violence, you’re not peaceful. You’re harmless.

Quote by sprite


you're trying to hard, Jack, it smells of desperation. obviously you can tell when you're out classed.


Looks like I win. Again.
Quote by Magical_felix


Looks like I win. Again.



how do you figure that? oh, right, the 'i win' post (usually posted when someone's run out of arguments and knows they've lost the battle).

You can’t truly call yourself peaceful unless you are capable of violence. If you’re not capable of violence, you’re not peaceful. You’re harmless.

In no way am I an expert on this subject, and all use of someone else's work should be given proper credit, but I wonder if there is a level of song lyric usage that is legal. After all, the courts have ruled that artists can "sample" another artists work as it is done in rap. They ruled that so long as they keep it under a certain threshold of musical measures, and I don't know what that threshold was determined to be, it is legal to use. So, rappers were able to use classic rock hooks in a loop. With that in mind, I wonder if someone used, lets say - "when she gets there she knows, if the stores are all closed" instead of buying that sex toy she'll she'll just have to use her fingers tonight.

Not a real great example of literary prowess but an example of lyric "sampling".

Not a legal expert here, just thinking out loud.
Quote by Kristind
In no way am I an expert on this subject, and all use of someone else's work should be given proper credit, but I wonder if there is a level of song lyric usage that is legal. After all, the courts have ruled that artists can "sample" another artists work as it is done in rap. They ruled that so long as they keep it under a certain threshold of musical measures, and I don't know what that threshold was determined to be, it is legal to use. So, rappers were able to use classic rock hooks in a loop. With that in mind, I wonder if someone used, lets say - "when she gets there she knows, if the stores are all closed" instead of buying that sex toy she'll she'll just have to use her fingers tonight.

Not a real great example of literary prowess but an example of lyric "sampling".

Not a legal expert here, just thinking out loud.


Nope, you pay per line used, after you get permission.

I was always under the (wrong) impression you could use a few lines under the "Fair Use" rule, but alas, you can't.

The sampling comparison doesn't wash with copyright lawyers.
Quote by nicola


Nope, you pay per line used, after you get permission.

I was always under the (wrong) impression you could use a few lines under the "Fair Use" rule, but alas, you can't.

The sampling comparison doesn't wash with copyright lawyers.


Thanks. Good to know cuz I have thought about using a bit of "lyric sampling" in a story I wrote about music. Guess I wouldn't have gotten to first base with that idea and a publisher...lol.
Kristen, how dare you and Nic threadjack the previous threadjack by Sprite and the Magical One? Even worse, your t-jack got the thread back on topic. Bad form, I'm sure, but appreciated. ;)

One last time and with feeling: If you want to get published, either get gpermission or get rid of the lyrics.

RUMPLATIONS: AwesomeHonky Tonk and Cyber Bar
Home of the Lush "IN" crowd: indecent, intoxicated, and insolvent
a place to gossip, share news, talk sports, pimp a story, piss & moan, or just grab a drink. Check it out.

Writing is not necessarily something to be ashamed of, but do it in private and wash your hands afterwords. -- ROBERT HEINLEIN
Quote by sprite
For those of you who don't know, while the use of song titles in a story is ok under Fair Use laws, using song lyrics is not;


I happen to have a number of stories here on Lush that quote lines from songs btw...one of my stories posted here was rejected originally by another writing site that happens to be around quite a few years, I might add, until I reduced the percentage of the quoted song...the name of the song, and author, are clearly stated in my story btw...

If you read the Fair Use laws, it goes into a lot of technical stuff about the necessity of quoting the copyrighted material and the like...what it really boils down to is whether or not the quoted material is used for commercial purposes, and whether or not using the quoted material affects "potential market for, or value of, the copyrighted work"...

U.S Copyright Office - Fair Use
http://www.copyright.gov/fls/fl102.html

Using copyrighted material, properly credited, for non-commercial purposes...such as having one of your characters singing a song on the radio in one of your posted stories here on Lush, is really not going to run afoul of the authorities...and should not be a reason to reject a story here on Lush...

If you were to use the same song lyrics in a Lush Publishing eBook...well, then you would be best off seeking permission...

I'm rather familiar with this stuff because a lot of my stuff is copyrighted now...my poems, and sometimes stories, are regularly used by others non-commercially, and only once has anyone bothered to write me to ask my permission btw...

Cheyenne Air Force Base wrote me this last year...

Poem on USA Patriotism!
Inbox
x


DIRKS, BELLE A 2Lt USAF AFSPC 721 CS/SCP < >
8/30/12

to me
Good afternoon Mr. Jankowski,

I am putting together a 9/11 Remembrance Ceremony. We would be honored to
have your "We Shall Never Forget" poem in our program. The few who have read
your poem in our office have really loved it. May we please have your
permission to use your poem? If allowed to use your poem, our program would
look like the one attached.

v/r,

BELLE A. DIRKS, 2Lt, USAF
721st Communications Squadron
Cheyenne Mountain AFS, CO


2 attachments — Download all attachments
9-11 Program (updated 30Aug 1457).pptx 9-11 Program (updated 30Aug 1457).pptx
550K View Download
smime.p7s smime.p7s
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