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Posted by mikemunsil (Member # 2109) on :
 
Would some of you educate me about the legalities of the following?

I'd like to write a story that reads as though a song were being played in the background. The lyrics of the song are important to the story. I had thought of doing so by switching back and forth between the telling of the story in regular text, and stanzas of the lyrics, in italics. The song I have in mind is long published and copyrighted, etc.

Would I have any right to attempt to publish that story if I wrote it? What if I only used a few of the lyrics and not the whole song?

My read of this, is that I would not have the right to do so, even if it were just a few lines of lyrics. What do you think?

[This message has been edited by mikemunsil (edited November 09, 2005).]
 


Posted by JmariC (Member # 2698) on :
 
Any quoting of lyrics means money to the copyright holder of the song.

Neil Gaiman had a post about this before, but I don't have time to find the link right now.

The option is to contact the copyright holder to ask if and how much compensation they want (they may charge per line, it's up to them, or they just may want proper attributes).

If you can't afford the price, the only thing you can do is mention it vaguely.

Edited to remove misquote

[This message has been edited by JmariC (edited November 09, 2005).]
 


Posted by Kathleen Dalton Woodbury (Member # 59) on :
 
Mike, the copyright holder is probably a record company, and they are absolutely vicious about anyone quoting lyrics.

If the copyright holder is not a record company, you may have a chance, because the lyricist may be okay with your quoting the song. You will still have to pay somebody something, though.

I'd recommend that if you absolutely have to write the story, you only let a few friends see copies of it on paper.
 


Posted by JmariC (Member # 2698) on :
 
Found the post: http://www.neilgaiman.com/journal/2005/06/fathers-day-thoughts.asp

Hi, Neil. I just have a quick question with nowhere else, at least visible, to turn. How does an unagented writer go about obtaining permission from a recording artist (or their management) to use excerpts of song lyrics in short works of fiction that they intend to (attempt) to publish?Much thanks in advance.


You don't go to the songwriter (unless the songwriter controls their own publishing). You go to the music publisher. You can normally find the music publishing information on a CD -- if you can't then you could search for the publisher through ASCAP -- http://www.ascap.com/ace/search.cfm?mode=search -- or BMI -- http://www.bmi.com/search/. Then you write to the publisher explaining what it is you want to do and asking how much it'll be.

In my experience it's usually about $150 per quote. (On the other hand, the people who control the song "Under The Boardwalk" said this week that seven words would cost $800 and it wasn't negotiable, and I thought for a moment, and changed

"Under the boardwalk..." he sang. "We'll be making love."

to

He sang. In his song he told them all exactly what he planned to do under the boardwalk, and it mostly involved making love.

which I liked better, and didn't cost anything.)

If musician-songwriters control their own publishing, it gets much easier (the cost of getting the Greg Brown song quote for American Gods was: I took Greg out for a nice sushi meal, which actually I regarded as a bonus).

 


Posted by mikemunsil (Member # 2109) on :
 
Thanks so much!

I think I only have two options:

1) don't write the story, or
2) write my own lyrics

I'll do #2, but it'll make it much harder to write a decent story.
 


Posted by Robert Nowall (Member # 2764) on :
 
I don't know that there's any prohibition against simply *saying* the song is playing in the background, without actually quoting lyrics. The copyright holders might believe differently, though...
 
Posted by pantros (Member # 3237) on :
 
There are no legal obligations to mentioning a song in fiction, but I sense the literary impact would be less than interspersing the lyrics.

Now a question I would ask is would you owe royalties if you wrote your own lyrics to an existing copywrited song and said

My Song (to the tune of 'His Song')

Assuming the song is not a parody of the original song(which would not require royalties)

edit: added the words 'your own'

[This message has been edited by pantros (edited November 09, 2005).]
 


Posted by Kathleen Dalton Woodbury (Member # 59) on :
 
I think you'd only owe royalties if you performed the song using someone else's music.
 
Posted by Corky (Member # 2714) on :
 
Ah, Mike, it shouldn't be too hard. Just come up with some good lines and repeat them a lot.
 
Posted by 'Graff (Member # 2648) on :
 
And remember that the I-IV-V chord progression will always get you out of a bind.

-----------
Wellington
 




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