Copyrights & Wrongs

Article reprinted from The Military Writers Society of America's Winter 2018 Dispatches Magazine.

Most of us are moved by song lyrics, poems, or quotable quotes – they sometimes speak to our innermost thoughts and dreams. Some can even compel us to be or do better. Who doesn’t love a good chorus... 

...or a song that sings to their soul?

Also, a well-written thought can enhance your book. Stephen King does it, as well as myriad other writers...

...so why can't we?

I’ll tell you why – any work written after 1923 is more than likely still copyrighted by the publisher or artist. The publishing company and/or artists (or heirs) own the rights to artistic works until they don’t. If I wanted to put a particular song lyric which describes how a man ignores any words he doesn’t want to hear, anywhere in my book...

Which one was The Boxer, anyway? Simon or Garfunkel?

...I’d have to research who owns the particular rights to the song, send them a letter, and wait for their response... which may or may not come. The copyright holder is entitled (by law) to either deny you the right to use the quote, grant you permission (and perhaps charge you whatever they deem as fair – to them) or ignore you. If they choose the latter, you still cannot print their intellectual property in your book. Sorry. 

Them's the breaks.

Authors like Stephen King – an author who is known to use song lyrics at the beginning of his books – have big-house publishers who more than likely have copyright owners on speed-dial and have a standard contract to use and pay as needed. Most independent traditional publishers do not. Most POD publishers do not. And, be warned – most POD publishers will print whatever you give them without a care to copyright issues. Somewhere within their contract (most likely in legalese or small print) resides a clause wherein you, the author, swear the work you’re publishing with them is entirely of your own creation. That signed confession right there lets them off the legal hook. Just because they haven't any qualms printing your book with Simon’s lyrics, don’t for a second believe you’ve checked all the blocks and are therefore scot-free.

Erm...not so much...

You may think (as a self-published or POD author) your work will fly under the radar, ergo safe. I get it. You like to live dangerously. It spices up your life and thrills you. Great. But before you throw caution to the wind, consider why you’re writing in the first place. Do you put pen to paper, or fingertip to keyboard with a desire that no one read you? Do you really pour your heart and soul in black and white to go unnoticed? The internet is full of stories about people who write a self-published book and it takes off like wildfire. 

This could be you!

The next thing you know you’re showcased on your favorite talk-show and the host mentions the quoted lyric or line... and you sit there like a deer in the water (or a fish in the headlights) hoping no one is watching. Yeah...

Too late!

If you really gotta have that particular quote in your book, research and get the copyright holder’s permission to print long before your book goes to the presses. Get the permission and stipulations in writing and keep the email or letter, like, forever – don’t expect your independent or POD publisher to do it for you.  If you just want ‘a’ quote – write your own snazzy lyric and pass it off as a fictitious person...

...as it were...

...or use content written before 1923 and most likely in the public domain. One caveat though, some copyright holders renew the license regularly on popular or significant songs or performers and authors, so the age test doesn’t necessarily hold water. You still need to do your research to ensure it's in the public domain. Your best bet is to forgo the quote altogether and sleep easily...

...like a well-dosed baby.

Bottom line: Publish your book without borrowing anyone else’s ideas, hope for the best, and maybe someday you’ll be in the position to sue the pants off someone for using your copyrighted intellectual property without permission. 

 Check this out for more information: Copyright Circular 15a

Enjoy & In Joy!