Have you ever thought of the perfect song that coincides with a scene in your book, the song that describes the exact emotion you want to convey? I think we all have. Some of us (you know who you are) have that secret playlist of songs to serve as the background score for the entire story. We’ve even imagined this playlist as the soundtrack for when our book makes it to the big screen (don’t deny it!). That’s why, in our writing, we are inclined to quote a lyric or two to set the tone of a chapter, the mood of a scene, or even a character’s state of mind. Unfortunately, it’s not that simple.
Song lyrics are copyrighted, and to quote any part of a song other than the title (and sometimes even that isn’t allowed) requires obtaining permission from the copyright holder. That could be the composer, the record company, or someone else entirely (Michael Jackson famously owned the rights to Beatles’ songs). If you use the lyrics without the copyright owner’s permission, you could be sued, especially if the song is well known.
So, what can you do? Before taking the steps to obtain permission, ask yourself if the lyrics are really necessary. Most of the time, the answer is no. You can convey the same meaning in your own words or even write your own lyrics. If, however, you are set on using someone else’s lyrics, know that it more than likely won’t be very easy.
- Research the song. It’s possible that the song in question is in the public domain, meaning that it was published in or before 1922 or the copyright has expired.
- Contact the copyright holder. If the song isn’t in the public domain, then your search should reveal who holds the copyright. You should talk to a lawyer first so that you know exactly what kind of permission you need and so that you have someone to help you with negotiations.
- Wait. It’s important to start this process well before publication since it’s likely that you probably won’t get a response immediately (in other words, don’t wait until the week before your release date). It’s not too early to start while you’re still writing since you may have to come up with an alternative if you can’t obtain permission.
- Be prepared to pay. If you’re serious about using this song, you may have to pay. Sometimes you won’t have to or you may be asked to make a donation as “payment,” but it’s likely that money will be involved, so have an idea of how much using these lyrics is worth to you.
- Show your work. You may have to provide some of your work so that the copyright holder can see how their song is being used: is it the basis for the whole book, is it being used in a negative light, etc.
- Have a backup plan. In the event that you cannot use the song, you need to have a backup plan in place. If the song you wanted to use is popular, try to find a song that isn’t as well known. Permissions might be easier if the song hasn’t topped the charts in the last fifty years.
- Celebrate! If you receive permissions and didn’t break the bank in the process, congratulations on a job well done!