How much of a song does a copyright protect? I’m writing a fictionalized autobiography, and there’s a phrase in a popular song from the 60s that would make a perfect title. It’s not the title of the song, but a phrase that’s unmistakable, and has probably never been used anywhere else. I actually want people to make that connection, since the entire song is relevant to the book . . . but that specific phrase is explicitly relevant. So can I use it as my title without violating the song’s copyright?
Copyright protects an entire song, including all the lyrics and music, but not the title. That said, you can feel free to excerpt a lyric and use it for whatever purpose you wish; copyright infringement does not come into play unless you steal large portions of the original work.
Sorry, but this is misleading. U.S. Copyright law doesn’t specify any particular amount of a work that must be used for a use to be considered infringement, and you certainly don’t need “large portions”.
This page give some interesting fair use v. not fair use examples (from actual cases). For examples using very small bits of other works that still aren’t considered fair use, scoot down to the audiovisual section. Example: 75 seconds of a 72-minute Charlie Chaplin movie was infringement in one case. That’s less than 2% of the movie. Unless the OP’s song is a really long song (Alice’s Restaurant?), even a short phrase might be 2% of the entire thing.
So about the OP, it’s hard to say. I’d be inclined to say it’s likely alright, given that another factor in infringement is the effect of the new work on the old work (does it interfere with the original copyright holder’s ability to sell his work), and in this case you wouldn’t be hurting the market for that song. Then again, I’m not a lawyer, so it’s just a guess. Also keep in mind that each of those cases on my link involved a court battle, even the ones that ended up “fair use”.
The interesting thing about ‘fair use’ is that it’s a guideline judges can use or ignore at will, and even if they use it there’s no guarantees about how they’ll apply it to any specific case. The USC lays out a list of possible ways usage can be fair but that’s it.
Publishing lawyers are notoriously sticky about the use of any song lyrics. That’s just a data point, since you don’t say how you plan to publish. However, friedo is dead wrong about quantity. A single line could be sufficient.
Famous phrases normally have a fair use assumption, though. If the phrase in question is sufficiently well known then it probably doesn’t matter if it’s part of a song lyric.
Another strategy is to just use half the phrase, if it’s a long one. As in “Now is the time for all good men to come to the aid of their country” can get cut down to “Now is the time…” Everybody still recognizes the allusion, but the piece is certainly fair use.
Of course, it would help if you told us the phrase. We can discuss it here without any violations.
Songwriters are sticklers for copyright and, in general, it’s a good idea to ask permission before using any part of a song (except the title) under copyright.
You cant copyright names, titles, slogans, or short phrases, so you can name your book anything you want.
Look at all the songs with the same name. I could write a book and call it “The Sound Of Silence,” “The Long And Winding Road,” “Helter Skelter.”
You’d be stupid to title your book the same as something else as you’re probably just shooting yourself in the foot, as the other book would get publicity.
This is misleading at best.
Titles are not copyrightable. Song lyrics are. If a title also happens to be a phrase in the song, then it’s fair game.
If the lyric is not part of the title, it isn’t.
Most book titles are very short, five words or less, and I’m struggling to come up with an example of such a small snippet of a song lyric that would be considered a copyright violation. I can’t see a suit over even the most recognizable lyrics… “Hello Darkness My Old Friend”… or “Bye Bye Miss American Pie.”
That’s exactly the type of thing I have in mind . . . a very recognizable phrase, associated with a specific song. Sorry, I should have given an example like these.
There was a book recently. Each chapter title was a reference to a song by the protagonist’s favourite (non-fictional) band. Guess what. Lawsuit.
Can’t remember any more details and don’t seem able to find it again on the web, sorry.