Some advice about using song lyrics

The short version of my advice: Write your own song and quote that.


The long version.
If you wish to quote from books and movies, you are allowed to use a small portion as long as you reference your source. It’s called “fair use”. But “fair use” doesn’t apply to song titles. Even quoting just a few words can get an author into trouble as a well-known author found out a few weeks ago after her book was pulled off Amazon overnight until she’d paid a hefty sum for the right to use the words in her story.

The rights to some songs, especially very old songs, are in the public domain. You could check carefully then use one of them. Or you could get permission from the writer of the song you wish to use and pay the fee to use it. It will most likely cost you somewhere between a few hundred and a few thousand dollars.

Both of these courses leave you open to getting it wrong, making a mistake and ending up with a nasty fine. I suggest you write your own song. That’s the only guaranteed way of not making a mistake.

But if you still want to use someone else’s song, please read this article first: http://annerallen.blogspot.com.au/2013/03/so-you-want-to-use-song-lyrics-in-your.html

Helen Woodall
helen.woodall@gmail.com

Helen is available to line edit and/ or content edit fiction and non-fiction. Rates on application.

The Copyright Act Termination Rights

As of 1 January 2013 the Copyright Act of 1978 Section 203 comes into play. This provides for “Termination Rights” where authors can reclaim their works from their publishers after thirty-five years. These old backlist titles are a cash cow for many publishers and litigation lawyers are expecting a flood of complaints from unhappy authors.

There are some big names whose books will be eligible for termination such as Stephen King, Judy Blume, M.M. Kaye, and John LeCarre. Digital publishing is a new innovation since 1978, and that gives these authors an extra impetus to reclaim their rights and self-publish, cutting out the middle man altogether.

Unfortunately the rules for reclamation of rights are messy and complicated and obviously publishers are not going to help authors leave them. Litigation lawyers are anticipating a train wreck as authors try to fulfill the conditions required. Then there’s the added complication of what happens to well-known authors who have sold movie rights etc.

It should be fascinating to see how this unfolds.

Helen Woodall

helen.woodall@gmail.com

Helen is available to line edit and/ or content edit fiction and non-fiction. Rates on application.