Authors sometimes find it very tempting to use song lyrics in a novel or story. The words of the song are so powerful and so right that… well, they have to be there.

If you’re considering using song lyrics in your work of fiction, you may want to come up with a backup plan. Here are some things you should know:

• you or your publisher may or may not get the rights to use the lyrics
• it will probably cost you (usually a small fee per copy you make, but that can add up)
• your publisher may decide that the lyrics are not worth the time/effort/money required to use them.

What about ‘fair use’?

Fair use principles were not established to cover fiction.

You could claim fair use if you were writing, for example, a piece of non-fiction that looks at cultural changes in the US over the last fifty years through the lens of the top 10 letters. To write such a work, you would clearly need to reference some letters. But if he tried to get permission and pay per song, those barriers would jeopardize his ability to produce the work. Fair use would allow you to quote a few lines from each song to help make your point when presenting your analysis.

Putting letters in your fiction is something completely different.

You’ll read plenty of pages online that talk about letter printing as ‘fair use’ etc, but that’s a part of the fair use doctrine and completely unreliable when it comes to novels and other works of fiction.

What is the worst that can happen?

I’m not a lawyer. Personally, I think the worst that could happen is that someone sees you using the letter and sues you to make you pay. You would have to pay usage fees, plus perhaps some punitive damages and court fees. All of that could add up to a lot more than it would have cost to get the rights in the first place.

In addition, I believe that the rights holders’ lawyers’ time would be better spent looking for websites that publish lyrics and musical arrangements in their entirety.

However, if you have a bestseller on your hands and make millions, you will be placed in a completely different class of rights violators.

Shouldn’t the artist or composer be glad that I love their work enough to include it?

Don’t take it personally; they are business. Artists, unless they wrote their own songs or bought the rights, don’t really have a right to the lyrics. The songwriter does it unless he has sold them all. But the person you need to worry about most in this equation is usually a music publisher. That company probably paid money for the rights to control the publication of those lyrics you want. They are very unlikely to get warm fuzzies because you want to use letters under your control. Even if they do, they have to pay people (like the composer) for that use.

In a nutshell: the lyrics are intellectual property. They are worth the money.

But isn’t this like free publicity for them?

In a way… maybe… if your story makes a lot of people rush to buy the sheet music. But that is not likely. At best, it could make readers buy the song. That is covered by completely different rights: performance and recording rights, etc. Someone, somewhere, might be pleased. Depending on how things are set up, some of that money might even find its way to the music publisher. However, that prospect isn’t likely to get that company to let you use the lyrics for free.

So how much does it cost?

Basically, to use the song, you’ll need to enter into a contract with the rights holder. That company will tell you how much it wants for the use you’ve described. Many factors influence the cost, including what part of the song you intend to use. If you’re only using a line or two, you may only be looking for a few cents per copy you make. Or it could be much higher. There are usually different fee schedules for online use of hard copies. You won’t really be able to gauge the potential cost until you ask.

If all you want is a few lines from a single song, it’s probably affordable. If you want to start each of the thirty chapters with a line from a song, your cost and hassle will be multiplied. You’re going to have to pay for each of those lines. Obtaining the permit may involve going to not one, but several different companies.

How do I start?

Basically, you start the process by writing to the entity that manages the rights.

If you’re an author looking for a traditional publisher, it won’t do you much good to ask early. However, if you plan to distribute copies of the work while it is on its way to publication, it is safest to ask the rights holder for permission. Often the company is willing to let you use the lyrics in this way for free. For example, I was able to get permission to use letter sets in online writing workshops for free because I wasn’t making any money from the work and because only a few hundred people would visit the place where it was posted.

If you don’t intend to share your work with others before publication, it’s best to wait until you’re a little closer to publication to request permission. When considering your rights request, the company will want to know how many copies will be published and in what format, as well as other things that it cannot tell you. You and your publisher can decide how to handle the request, if your publisher is willing to deal with the problem. Some small publishers simply don’t have the resources to handle usage requests and the required tracking. Your editor may just tell you to remove the lyrics.

If you’re going the desktop publishing (hard copy or e-book) route, then you should be in a position to give the rights holder the details they want.

How do I apply for permission?

Generally, you write to the music publisher. Try searching Google for the name of the song and the term “score”. There are many places that sell sheet music online for a few dollars and you can download it right away. I often find the answers I need for this on sheetmusicplus.

Check the song details to make sure you have the correct one. Sometimes the same song will end up in different arrangements, released by different companies. And sometimes multiple songs will share a title.

The sheet music will reveal the publisher’s information and address, and in some cases, even indicate where to go for additional permissions. If not, the publisher’s website probably will.

If you can’t determine the music publisher, you can find some clues by checking the songs against the databases of the entities that handle performing rights: ASCAP; BMI; and SESAC.

Once you get the music publisher’s contact information, you can write to the company (some even have online forms) and tell them what you want to do and what lyrics you want to use. Be sure to tell them that what you want is a *printed license*. Most publishers have guidelines on their sites about what they expect in a license application. After that, they will probably reply to you and/or send you a contract proposal with their terms. It will probably include a lot of details that don’t make sense to you unless you’re a lawyer; if not, you may want to talk to one about that contract so they understand what it is they’re signing.

By the way, there are online companies that make all of this easier, if you’re willing to pay them to do it for you. They’ll track the information, handle the paperwork, etc., but most authors I’ve talked to don’t think those companies are worth what you’d pay.

What are my alternatives?

Get rid of the poetry.

Write your own poem.

Find a poet or composer who is struggling to make a name for himself; he might be willing to let you use his stuff for free, if you give him proper credit.

If it really has to be that song, consider just giving its title (in double quotes) and not using the lyrics. Because only so many words can be used, song titles can’t be copyrighted, except under really strict conditions where they can be treated as entities in themselves, like if the song title comprises an entire line of the song or if it’s a made up word that the writer himself created or something. Usually, it’s not so much copyright as trademark protection that comes into play here. But that’s a really rare situation, and so for general usage song titles are considered fair game, sort of like book titles. Still, it’s safest to double-check (either online or by contacting the lyric rights holder) to make sure your song’s name isn’t one of the few exceptions.

If you are just publishing your writing on the web, without charging for it, then you have another option. Include the name of the song and a link to the song on a music sharing site. I personally like IMEEM because they are reported to have contracts with the major labels so that all the appropriate people get paid when the songs are played. Also, the player has a link that your reader can follow to buy the song, so this is really a way to give free publicity to the song they love.

Imeem is free and very easy to use. A song’s page gives you a code that you can place on your blog or web page to play the music. Some of them are limited to 30 seconds playback, but that’s usually enough to get the gist of the music across, remind the reader of the song, etc., and if the reader wants to hear the whole thing, they can always follow the Link to Imeem.

A word of caution: I have only searched IMEEM for non-commercial use. I guess they have different rules when it comes to jobs you’re actually getting paid for. If your readers have to pay to access your work, you will need to contact IMEEM to find out if their use is within the terms of their license.

¿Where can i get more information?

Take a look at the links at the end of this article.