Support for Indie Authors discussion

Here's a question that just hit me on the drive home from work, but I'll have to lay some groundwork first.
In my novels, the chapter headings are the location and time of the events being depicted. For example, the chapter "Naturita, Colorado. Thursday Morning." is followed by "Iraq. Friday Morning.", and so forth. In my latest book, the final chapter is titled "After. The Poets Down Here." The reference is (I hope) more than a single layer deep.
Now, I know that in that instance, I don't have to attribute the line to Springsteen, as one of the characters recites the line in conversation.
However, in thinking about ideas for the book after the one I'm currently working on, it struck me that the chapter headings could be lines from songs. The one that struck me was from Meatloaf. It occurred to me that the climactic chapter might be titled "I Would Drag Myself Through Hell And Back For Love." (Meatloaf. Bat Out Of Hell). Another chapter might use a line from Glenn Campbell, or the Stones, with attributation.
My question is, is that all that is required in order to do it that way? Or, would I have to contact the music rights holder and arrange a release? Does anyone have any ideas or insights on this?

You need to be very careful about using lyrics. Even single lines are protected by copyright. Do not use any lines from songs without permission, which can be a long and expensive process.

Titles are fine to use, careful on lyric lines if they are unique to that artist.

Angela and Martin- Thanks. That's good to know. :)

DO NOT quote song lyrics in a book without getting express permission to do so. You can refer to the song, use the song title, you can paraphrase it, but don't quote it. If caught you will be made to remove the book and possibly pay retribution. If the song is in public domain, feel free to quote and use it (ie hymns, most songs before 1910) Anything else will get you into major trouble.

As for books, you need to attribute it to the author. For poetry, if you use over 1/4 of the poem (even if it's one sentence) you need to get permission along with the attribution. This is from a copyright lawyer when I wanted to use some lyrics from two songs. I scrapped that idea when it was going to cost me $500 to use to one line from a song. The other one refused permission.

B.A. wrote: "DO NOT quote song lyrics in a book without getting express permission to do so. You can refer to the song, use the song title, you can paraphrase it, but don't quote it. If caught you will be made ..."

Like anything else, it depends on the copyright.
A century-old folk song is safe.

Thomas wrote: "Disclaimer: I'm not a lawyer.

I understand what everyone is saying here, but quoting a single line from a song is *likely* not going to land you in copyright hot water. If that were the case, there would be an insane amount of copyright lawsuits over even the most frivolous usage of copyrighted works.

For the USA, the Fair Use Act protects you on a limited basis for things like that. However the Fair Use Act is also very open to interpretation based on the court it's brought to, how much of a copyrighted work was used, and if your book has any effect of the use upon the potential market for or value of the copyrighted work.

With all of that being said, I believe it's a good idea to reach out to the copyright holder and ask for permission. Explain what you want to use, maybe show them the context of it, and tell them that it wouldn't affect their profits (Because really, is the title of a chapter of your book going to affect the sales of their song? Not likely). "

Thank you for your comment, Thomas. I have to delete it due to the link, but since the rest is very useful and helpful to the topic, I'm quoting the entire thing. I believe you're right. I don't think using one short line from a song will get you sued.

This has been very informative. I guess it will depend on how motivated I actually am, and how wedded I want to be to the idea. My books tend to have roughly thirty chapters. Writing thirty-some letters for copyright approval would be less arduous than the 100-150 letters I wrote to publishers and agents. :).
In order for this idea to work, I'd probably have to change my process. Start the chapter. See where it's going. Add the song line to create the desired soundtrack for the events. Write the request letter. Hunt and peck.
Rinse and repeat. :)

How about using the title of a song for the title of a chapter, particularly if one cites credit to the song writer? I see no issue with that. Using lyrics from a song in the book would be a different matter and would require "attributation" - just my opinion.

Scott wrote: "How about using the title of a song for the title of a chapter, particularly if one cites credit to the song writer? I see no issue with that. Using lyrics from a song in the book would be a differ..."

I've let that rattle around in my little pea brain too. Done right, it could be as effective as my original thought.
I'll tell you what really started this. I was driving home from work, and kind of daydreaming about future plot scenarios involving an existing character I've created. I rarely listen to music on my truck radio. Almost always talk radio. But, the other day I had music on, and good old Meatloaf was playing. That one line in "Anything For Love" just hit me as being a great chapter heading. The more I thought about it, the more I thought doing it for every chapter could really work.
It might be just a product of being a movie buff, but my books are written to flow the way a good movie would. Not only have a couple friends noted it, but some of my Amazon reviews have said the same thing. That's why my chapter headings are time and place, much the way a movie might when the scenario makes a dramatic shift from, say, Moscow to Omaha.
The idea also revisits a short story I wrote years (and years) ago. In it, the protagonist is pulling down an "all nighter" road trip for no particular reason than that of his life having fallen apart after a tragedy. At certain junctures of the story, I mentioned the song that was playing on the car radio, sometimes in a slightly oblique fashion. At the time, I thought it was a neat trick, in much the same way that a movie can be enhanced by the addition of the right songs playing at the right time, even as background sound.

I use a lot of text from books etc. and sought advice from my publisher (AuthorHouse) about use of text from copyright sources:

"Fair Use guidelines allow for a portion of a work to be quoted verbatim. Our policy allows for the following amounts to be quoted without express written permission:

· Poetry or song lyrics: No more than four lines, or 10% of the song or poem, whichever is less.

· Articles: No more than three sentences, or 10% of the article, whichever is less.

· Books: No more than 500 words."

Generally, you should be aware of copyright, as everyone above are saying.
But attribution doesn't have to be a big bother.
For example, if you use the title of the song etc. just write the attribute's name underneath just like you would do with a quote from somewhere. In my opinion, it could look very elegant.

Also, something to be aware of is that some things are only copyrighted for a limited amount of time. So, depending on how old the songs are they might be 'free' on the market so to say - it's worth looking into.

By the way: it's a great idea!

Ida wrote: "Generally, you should be aware of copyright, as everyone above are saying.
But attribution doesn't have to be a big bother.
For example, if you use the title of the song etc. just write the attri..."
Here's my vision. (If I may be so bold. And so far I've envisioned the general outline of the story, and the motivation of my character for the climactic chapter, along with a basic idea of what she has to do.) Chapter heading:

Wednesday. I Would Crawl Through Hell and Back, For Love. (Meatloaf.)
The lyric wouldbe in Italics, bold.

I've got some Sinatra, some Springsteen, Del Shannon, maybe some Roy Orbison, Brooks and Dunne, Stevie Nicks, and some others floating around in my head. It'll either work, or it'll be crap.
Thirty-some chapters. Thirty-some song lines. We shall see. :)

Bill wrote: "Ida wrote: "Generally, you should be aware of copyright, as everyone above are saying.
But attribution doesn't have to be a big bother.
For example, if you use the title of the song etc. just wri..."

Sounds like a great idea! I like the idea of doing something with the chapter heading instead of just "Chapter 1" - because, well, anyone can count the chapters :)

As long as you show that it's not your own idea, then it shouldn't be a problem.
And I think it would be worth seeing if the copyright has "expired" on any of the lyrics :)

I used one line from a Janis Joplin song is a short story that was published a couple years ago. The publisher/editor never brought up the subject So I'm thinking all is okay

Bill, you might want to check with a copyright lawyer to avoid a major headache later. I know you can't use a Hank Williams Sr. song in any way other than the title. There are other songwriters/singers which have the same restrictions. You might get away with it, but don't count on it. If caught, it could cost you more than you'll ever earn as they will ask for your files of how many books you sold and charge you a bundle for each infringement (Meaning each book sold.)

The rule of thumb is 500 words of direct quote. 10% of a poem, The title of a song or a reference to a lyric. Some copyright holders are very picky. If you use a direct quote of a lyric they can insist you pull the book if you didn't have permission to use that one line. You might be able to slip it in in dialogue, but be cautious.

I did do my research as, like you, I wanted to use some lyrics as chapter headers. My advice is: don't do it! Make up a song and use those lyrics or look into song which are in public domain. They are free to use however you want as long as you attribute the lyrics to the one who wrote them (not the singer). I figured I'd rather be safe than sorry and follow the rules.

It took me six months to get notices on two of the songs I'd wanted to use, and as I said before, I was denied on one and it was going to be $500 for the other. The other 10 I never heard back about. BMI is not very responsive to writers as they are to singers. And yes, the person who is getting paid to sing need to have permission to use the songs or take the risk of getting sued for copyright infringement. It is a sticky legal situation you should avoid at all costs, especially if you plan on making this a career because if you don't, it could come back to bite you in you know where.

B.A. wrote: "Bill, you might want to check with a copyright lawyer to avoid a major headache later. I know you can't use a Hank Williams Sr. song in any way other than the title. There are other songwriters/sin..."

Interesting. Good to know. :)

Bill wrote: "Here's a question that just hit me on the drive home from work, but I'll have to lay some groundwork first.
In my novels, the chapter headings are the location and time of the events being depicted..."

Nope. You cannot use lyrics. Don't even think about it. Unless you get written permission from the songwriter...and that doesn't mean the performer...but the songwriter.Every word in a song is under copyright.

I've named the singer and then had a character say "You know, the bit where he sings about her not loving him any more." In a well-known song, that's enough. Of course if it is the actual words you want to use, so well written that you want to let others see them, don't!