Song Lyrics and Copyright

So you are writing your novel or family memoir and you want to include the lyrics from the song played at your grandmother’s wedding or the songs from an opera that or that dance at the prom. Can you include the lyrics without infringing copyright? Can you name your book after a favourite song without infringing copyright?

Do you need to ask permission? 

The first thing to remember is that crediting or citing the source only protects you from being accused of plagiarism, it does not remove the obligation to seek permission for use.

Is the work in the public domain? 

Public domain means that there are no copyright or other legal restrictions.

According to the United States Copyright Office “for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.” Additionally, according to a guide by Stanford, works published in the United States before 1923 are also in the public domain.

In Canada “copyright lasts for the life of the author, the remainder of the calendar year in which the author dies, plus 50 years following the end of that calendar year.” Refer to the Canadian Intellectual Property Office for more information.

Say you want to use Etta James’ song “At Last.” It was written by Mack Gordon and Harry Warren. Gordon died in 1959 so 1959+70 = 2029. Not in the public domain. 

Photograph shows interior view of hall with piles of copyright deposit materials on the floor in the Thomas Jefferson Building. circa 1898. Library of Congress Prints and Photographs Division Washington, D.C. 20540 USA

Does fair use/fair dealing apply? 

In the United States you are allowed to quote a few lines from a full-length book, without seeking permission IF, here is the big IF, your use is for “purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.”

Does your novel or memoir fall into those categories? No.

In Canada, the similar law is called fair dealing: Use of works for purposes of private study, research, criticism, review or news reporting that does not constitute infringement of copyright.

Does your novel or memoir fall into those categories? No.

Can I call my book "At Last"?

If you want to refer to the name of a song in your writing that is ok as titles are considered facts.
However using the title as part of the title of your book would be capitalize on the popularity of the song and could be considered a copyright infringement.

Disclaimer

I am not a lawyer and this is NOT legal advice.

Further Reading

So You Want to Use Song Lyrics in Your Novel? 5 Steps to Getting Rights to Lyrics
Jane Friedman: When Do You Need to Secure Permissions?
Brad Frazer: Is It Fair Use? 7 Questions to Ask Before Using Copyrighted Material
Pat McNees: Copyright, work for hire, and other rights issues
Hippy days of the internet are over

Resources

Canadian Intellectual Property Office
Search records of registered books, music, art, and periodicals, and other works. Includes copyright ownership documents. US Copyright Office

Hippy days of the internet are over

“I found the picture on the internet so it is in the public domain.”

This is probably the most common thing I hear as an editor and it is incorrect. The hippy, free-love days of the internet are long over (if they ever existed). Using an image from the internet without seeking permission is really no different than stealing it off the wall at the photographer's exhibit.

The first thing to remember is that the author of the website or blog may have asked permission to use the image on their site. The second thing to remember is that many people are using images without proper permissions. The CEO of PicScout, a global leader in image tracking, stated in 2011 that over 85% of images used online are subject of copyright infringement.

At its core copyright is easy, either you took a picture and then it belongs to you or you didn’t take the picture and then you need to ask permission to use it. Of course, there are exceptions.

• Does your photo contain an object protected by copyright?
• Is there a trademarked item in your photo? 
• Are you using a photo of a person for commercial benefit? 

For example, on your world travels you took numerous pictures that you now plan to use in your upcoming book. The picture you have chosen for the cover includes a sculpture by an artist that is still living. You have to consider that the sculpture is protected by copyright and seek the permission of the artist.

Similarly, your cover photo has a corporate logo featured prominently; you could be suggesting that the corporation endorses your project or is somehow affiliated.

You have a photo of your friends skiing that you want to use as the cover image. Suddenly, your friends have become models and their permission must be requested. People have a right to profit, and exclude someone else from profiting on their photograph or likeness.


Remember, you have not violated copyright by taking the picture but you could violate copyright if you publish the picture.

“But I am not making money from my blog, book, etc.” Copyright is violated by using information not by profiting from it.

More copyright thoughts to come in future posts.

Links

Are Getty Images Suing You?

Sneak Peak at the Fall issue of British Columbia History

The Fall issue of British Columbia History is at the printers and will be making its way to mailboxes and bookstores in September; here is a sneak peak at the contents.

Subscribe now.

Features

Our Neon Nightmare

by Katherine Hill
Each year, the British Columbia Historical Federation offers two W. Kaye Lamb Scholarships for student essays relating to the history of British Columbia. Katherine Hill is the winner of the $1000 prize for a student in 3rd or 4th year university or college in British Columbia.

Alexander’s Ashes

by Peter Broznitsky
A report of unclaimed ashes leads to unexpected connections and the unfolding story of a Russian-Canadian First World War veteran.

Almost a Crystal Palace

by Robert Ratcliffe Taylor
A shimmering, architectural tower in the middle of the countryside, the Willows exhibition hall at Victoria, BC 1891-1907, captured the confidence of an era.

One-Eye Lake Plane Crash

by Sterling Haynes
A day off for a kinda green GP in Williams Lake in August 1961 turned into a flight without a map to the scene of a plane crash.

The Viaduct that Saved Commercial Drive

by Jak King
The story of Charles Smith and the First Avenue Viaduct is the creation story of the Drive, a story without which East Vancouver’s history would have been markedly different.

Greenwood, BC: Arrival of Nikkei Photo Essay

by Jacqueline Gresko, images courtesy Alice Glanville
In April 1942 1200 Japanese Canadians (Nikkei) were required to abandon their coastal lifestyles and were interned in Greenwood, BC, northwest of Grand Forks.

Regulars

Archives & Archivists

by Hugh Ellenwood; edited by Sylvia Stopforth
Take a glimpse into the history and people of the Discovery Islands through the Museum at Campbell River’s new online resource.

Cabinets of Curiosities

by Paul Ferguson
A concern for preservation of the originals and a desire from genealogists for digital access led to the newspaper digitization project at the White Rock Museum & Archives.

Every Month

Editor’s Note

Inside British Columbia History

From the Book Review Editor’s Desk

K. Jane Watt
Walking In History