Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I'm going to be self publishing a book - it's mostly the poems I wrote for NaPoWriMo, but in February I participated in a contest on Writing.com. There is a Soundtrackers group and the blog challenge was "Soundtrack To Your Life." I like some of the poems I wrote for that and want to include them in the book in a special section. I was going to do something like this:
Quote:
I Can See Forever Up Here performed by The Great Unknown
"Just Call Me Eddie Vedder"
"Just call me Eddie Vedder," he said with a smile
as he shook his long curly hair away from his blue eyes.
"Okay," I laugh as I realize I am now being beguiled,
"Would you mind getting a picture with me," with sly,
"I'm a travel writer and I'm writing a piece," I muse.
"Sure, let's just be rock stars together," he giggles,
"after all, I am Eddie Vedder," colour me a magenta hue!
I think to myself as hugs me with such a tight wiggle.
The moment seems to go forever, the light blinds,
as I hold on tight to my Eddie Vedder looking guy--
enough to break free to flash the "rock on" sign;
in the moment I become less timid and shy.
When the camera is handed back with such care,
where did those other guys come from with such flare?
What would be the legality of using song titles and then crediting the band?
Song TITLES and movie names fall in an interesting area of the law. A TITLE cannot be copyrighted or trademarked*. IIRC, the concept is that it is an aid to retrieval in a collection or library, and allowing copyright would subject catalogs and listings to violations of copyright. With movies, some movie names get recycled, with completely different plots. IMDb: Unrelated Works With the Same Titles - a list by wunderdunder
Once you start using or including lyrics, you get into sticky territory. A single short quote might be fair use. Anything more than that would probably need vetting - although - the mash-ups of previous poets' work seem to be generally accepted in large parts of the community.
*The DESIGN and graphics used in a title CAN be trademarked. The artist formerly known as Prince played with this concept in his unique name/symbol.
Thanks, Harry. I work a 2nd job at a senior center and one of the members is a retired lawyer and law professor. He's going to check my work for me... free of charge. I'm very thankful for that as well.
Fair use does not apply to lyrics -- not even a single short quote. You want to use them? Contact the publisher for information on what they'll charge you.
Last edited by Metlakatla; 05-24-2015 at 02:41 PM..
My First Trip to NYC
Song:
نانسى عجرم - ماشى حدى (Nancy Ajram- Mashy Hady)
I remember the first time I went to New York City. It was March 2011 and my Arabic class and I went on a trip to see the Science Museum in Queens. The Science Museum had an exhibit with Islamic inventions. The Russian Club was going to NYC to see the MoMA, and it was decided when the university approved our Arabic class trip to NYC... we would go with the Russian Club. The bus driver dropped the Russian Club off at the MoMa, which I guess is in Manhattan, and then he dropped our Arabic class off in Queens. It was so neat seeing all the scenery. The buildings, the bridges, even the outline of Central Park, was neat. Although the March day was windy and chilly, I enjoyed walking away in the hustle-and-bustle of New York. I really loved the Science Museum because it had so many neat things. It almost reminded me of the Franklin Institute in Philadelphia. Not only did we see the Islamic exhibit, but all the other exhibits too. I really liked the fun house because I was bigger than the room - that was a first! I laughed so hard that day. I also tried to meet up with my one friend in Queens, but he slept in that day. He texted me after I left Queens and was in Manhattan with my two clasmates: "Hey, doll, sorry! I slept in and since I have my son... maybe next time!"
After the Science Museum, we went back to Manhattan. I don't even know the name of the Arabic restaurant we went to because I don't think it was well marked. I had the falafel and some yogurt drink. It was really good and I felt proud for ordering my meal perfectly in Arabic. I sat with one girl that was a French and Italian major (she was taking Arabic because she wanted to as well) and her sister; both vegans; and they were happy they had vegan cuisine. Her sister was a senior in high school and I'm glad our professor allowed her to bring her sister for the day. After we ate, the class separated. I stayed with my classmate and her sister. They had been to New York before and they were tour guides for me. We walked along the sidewalks and window shopped. Everything was too expensive for us, but we loved looking at all the fashions. Just exploring Manhattan with two adventurous young women was fun too. The day was cold and windy, but I liked walking the streets of Manhattan and looking at all the stores. We went to Crumbs Cupcake Shop and bought some expensive cupcakes. We wanted to go to Central Park, but it was time to go. I knew I wanted to go back and take more time to explore.
That's all I'm doing. Using the song title for inspiration for the piece.
I know that. I was responding to the person who said that short pieces of lyrics might fall under fair use.
The person was right though, in that song titles aren't covered by copyright law. You can find more information here.
Ah, thank you! I'm going to send my manuscript off to the retired lawyer. He works with me at the senior center and he's excited to read it. I guess it gives him something to do and I guess I'd like feedback about my work.
Fair use does not apply to lyrics -- not even a single short quote. You want to use them? Contact the publisher for information on what they'll charge you.
I disagree. Note that I said that it was sticky and would probably need to be vetted. An example of what might be considered fair use is the following statement:
"Leroy Brown is going to San Fransisco."
"Big Bad Leroy Brown" could be considered an excerpt from the lyrics of a song, and "Going to San Fransisco" could be a reference to another song's lyrics. This is entirely different than lifting an entire stanza.
Going to San Fransisco is a phrase that was in common use prior to being placed in the lyrics of a song. That is a case where common use and prior art would trump any copyright claim. While technically not "fair use" as defined, use would be allowed. Similarly, media companies haven't (yet) come after all people named Leroy Brown and demanded reparations.
Fair use of quotes in reviews of songs would also still hold. If not, a LOT of industry publications are on the hook.
Song lyrics are copyrighted, which means you need permission to use them. According to our legal expert Amy Cook, there isn’t any specific law about how much you can take under fair use, but it’s common for the music industry to say you need permission for even one line of a song
I'm not talking about using common sentences that might be in a song somewhere. That's not the point. A few lyrics may fall under fair use for critiques and parodies, but the OP was asking about a book of poetry and not a book of reviews.
Last edited by Metlakatla; 05-26-2015 at 02:01 PM..
"but it’s common for the music industry to say you need permission for even one line of a song "
See? That is encroachment. Your statement was "Fair use does not apply to lyrics -- not even a single short quote."
There is a world of difference between what the music industry SAYS you need permission for and what is legal. The legal teams for all the major media and franchises are like junkyard dogs, out to intimidate anyone who can be intimidated, and ESPECIALLY those who might have a pocket deep enough to grab some cash.
In real estate, that would be along the lines of adverse possession, where a bold and continuing misappropriation of property for a certain number of years makes it "legal."
While not the music industry, but related, there was a bit recently on one of the TWIT.COM programs ("New Screen Savers," I think) where Mad Magazine had done a parody of "Star Wars" and the Lucasfilm legal team sent a cease and desist order, along with a threat of immediate action to the publisher. The publisher fired back with a signed letter from George Lucas PRAISING the magazine for the parody. The legal dogs just faded into the background.
The legal protection of copyright and trademark requirements REQUIRES a strong defense of any attempt at infringement. To do their job, attorneys are constantly crossing the line claiming rights that they simply do not have. You and I both agree that a work that includes the text of lyrics needs to be vetted, but it is NOT a cut-n-dry "no you can't do that ever." situation.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
