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When composing a work of fiction, it may be worthwhile to quote some lyrics of a song, some dialogue from a famous movie or another writer's work.
Would I as the writer of new fiction have to personally obtain written permission to use such material or is that taken care of by the publisher? (Maybe the agent?)
Is writing a letter to ASCAP the established procedure for music-related matters? Am I expected to track down the copyright holder of dialogue from a 1930's movie?
Of course. If it is the public domain you are free to use it. However, with licensing extensions and copyright renewals how would you be sure?
I would be confident in saying that any published music from the last century is still under copyright. Still, the question is, does the writer have to do the leg-work in tracking down the copyright holders and obtaining their permission?
As Metlakatla posted in my thread (http://www.city-data.com/forum/writi...ng-titles.html), write to the artist or the publishing company and inquire. YES! You will have to do the leg work; this is something you definitely don't want to be lazy about because it could cost you thousands of dollars if you leave strings untied or get lazy (just look at the court case about Robin Thicke's "Blurred Lines"). It'll definitely cost you, but it depends on the artist about the cost of that.
"Am I expected to track down the copyright holder of dialogue from a 1930's movie?"
Currently, yes. (with the exceptions indicated in the other thread). 1930s movies still have market value in cable and television and other outlets and the copyright laws have been extended beyond all legitimate Constitutional reason.
Even back in the 1970s, when I was trying to put together school show programs of movies in a movie theatre, the availability of 90% of film was just not there. The holders of the rights would either withhold release or charge a rate per person and showing that made a presentation completely impractical financially.
As for tracking down real owners and then communicating with them, good luck. Unless your letterhead reads ABC, NBC, CBS, FOX, Turner, or other major player, they don't want to hear from you or spend a dime responding.
For clarification about seeking permission to use song lyrics: If a writer is seeking an agent to find a publisher, won't this be an issue the agent will address when agreeing to take on the project? I'm sure many agents do not want to be bothered with the process, so they automatically reject submissions that will require seeking permission. On the other hand, if an agent deems a work worthy of seeking publishing and they do not mind the seeking of permission, wouldn't this be the proper time to seek permission to use lyrics? From what I understand the owner of lyrics will base their fee based partially on how many copies are estimated to be sold. I also understand the writer has to pay for the permission to use lyrics, but wouldn't the writer's agent seek out the permission on the writer's behalf?
I know that if you're self-publishing that you or your attorney will seek permission to use lyrics in a work, but surely there are agents who do accept manuscripts that, if published through a publisher, do not already have permissions attached to them. The permission process will be achieved after the agent and writer agree to associate with one another and try to find a publisher of the manuscript they're promoting. Am I correct?
It's my understanding the publisher is the one who'll make the request if the quoted material makes it past their final edits. Never heard of an agent doing so on behalf of a writer, but it could happen, I suppose.
It's my understanding the publisher is the one who'll make the request if the quoted material makes it past their final edits. Never heard of an agent doing so on behalf of a writer, but it could happen, I suppose.
Since they're doing the actual publishing, that most the most sense. Thanks.
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