The Do's and Don'ts of Using Song Lyrics In Your Writing

The main character in my novel BAND GEEK is a major Beatles fan, and I decided the perfect way to capture that and weave it together with the story was to start each chapter with a lyric from a Beatles song that encapsulated the action and essence of that chapter. Sounds perfect, right? Not as simple as it sounds. There's a little something that stands in the way of that called "copyright infringement." So what's a writer to do when you absolutely, positively must use that song but you don't want to be sued within an inch of your life, and further, what can you do legally?

Don't throw the baby out with the bathwater just yet. First of all, you or your publisher may indeed be able to obtain the rights to use the lyrics, but usually for a fee. Depending on the artist, this fee may range from minimal to larger, but it can add up quickly if you intend to use lots of them. For a newbie writer, this may not be worth the cost to you or your publisher because obviously any money spent takes away from the money made. If you are a more established writer with a track record, this may not be as big a deal and an investment your publisher deems worthwhile if it significantly helps your story.

The rights holder may let you use the lyrics for free on a temporary basis, provided the author is not making any money off of their use, but always contact them and check before just doing so. However, if you intend to circulate the work widely (i.e. contests, writing workshops, etc.) you should probably contact them and let them know the nature of how the work will be circulated, and know that if it sells you will need to secure permission to use those lyrics properly. Once it sells, you will need to contact them again and enter into a contract agreement, they will tell you what the fee is, and you move forward from there. There is no hard and fast fee schedule because fees can vary based on artist and also the amount of lyrics used. If it proves to be too costly, or your publisher is not willing to go there, you may have to scrap the idea entirely.

BUT - there is still something you CAN do. Since a song title cannot be copyrighted, you can use just the song title, surrounded by double quotes, provided the title does not use whole lines of the song. If it does, these songs can be the rare exceptions whose titles are protected under the copyright infringement laws, so the best bet is still to contact the rights holder in these cases to make sure you are still within the fair use guidelines.

So how do you go about contacting these rights holders? The best place to start is by performing a Google search using the title of the song and then the keywords 'sheet music.' The sheet music will often reveal the music publisher, but definitely look at several sources because sometimes songs can be produced in different arrangements by different publishers. You can then contact the publisher directly. If you are still unsure, look up the song in the databases for the major music rights holders such as ASCAP, BMI and SESAC. If you have access to a music lawyer, they can also be a great resource for helping you obtain permissions and make sure you're doing everything above board, but keep in mind they need to get paid too. Once you get the music publisher's information, write them and tell them you are looking to obtain a print license, and what song lyrics you are interested in using.

I, personally, opted to use just the song titles in my case, as it seemed like a very costly venture to go down that road since there were twenty or so chapters, but I will always wish I had been able to include the actual lyrics because they really did work so well within the context of the story. You have to decide what's right for you, not to mention what's in your budget.

So what's the worst that could happen if you don't do all this and you just opt to use the lyrics anyway? The music publisher could sue you and not only would you end up having to pay all those usage fees anyhow, but also court fees and maybe some other fees as well. In the end, it could end up costing you far more than the original cost of the usage fees and also damage your reputation as a writer. Not worth it.

And last but not least, how about using a song title as the title of your book? The good news is: because titles cannot be coyrighted, you're safe there, unless it infringes on a trademark or brand name. Many books are named after songs, but the gray area is if the CONTENT of your book is the story within the song. Then that would, indeed, be considered copyright infringement.

Bottom line: When in doubt, ask before acting!

Immerse Your Senses and Jump Start Your Writing

I tend to be a very visual person. Perhaps it's from my film background, but I have to envision the whole picture when I write. In a film, one of the biggest contributors to mood setting is music. Can you hear "If You Were Here" by the Thompson Twins and not think of Molly Ringwald sitting on the dining room table with Jake Ryan and a birthday cake? Or "Don't You Forget About Me" by Simple Minds and not think of all things "Breakfast Club"?

I cannot suggest enough that when you write, you create a playlist that echoes the different scenes and voices in your story. For example, when I wrote my novel BAND GEEK, I listened to "I've Got A Feelin'" by the Black Eyed Peas the entire time I wrote the Homecoming scene. It was perfect. It was loud and fun and noisy and made me picture a dark gymnasium awash with crepe paper and overly-hormonal teens dancing. It set the mood. And because I tend to write visually, the scene played out in my head much like a movie. The music alone can inspire images and ideas to spring forth. Often, I will hear a song and add it to my playlist for a particular book because I know it will be the perfect thing to listen to when I write the breakup scene, or a kissing scene, or a road trip scene. I try and create a separate playlist for each book I work on, and often I listen to it when I'm driving (since I'm probably schlepping my kids in the car when I'm not writing) in the hopes that it might spark something then too.

Another useful device for setting the writing mood and bringing you deeper into your story is any kind of aromatherapy. For me, it's scented candles. I have an, er, slight addiction to Bath and Body Works scented candles, I confess. Yankee Candle is pretty darn good too. They offer such a variety of unique scents like Winter Night, Mountain Leaves, Sand and Sea, Storm Watch, etc. If you are writing a scene that takes place in the forest, burning a Fresh Balsam candle can make you feel like you're there. And if that doesn't work for you, at least your house is going to smell really really good.

If your story takes place in an environment that is locally accessible to you, go take some pictures of the places you are writing about. Tack them up on a bulletin board and have them around you while you write. If you can't get there but the images you need are available on the internet, Google them and print them out.

In other words, immerse your senses fully in the experience.