Can I use song lyrics in my novel?

Started by SepiaAndDust, Nov 08, 2024, 08:07 PM

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SepiaAndDust

So you really like a song and you want to include some of the lyrics in your novel. Or you feel that some particular song fits your story perfectly. Or you like those epigraphs from songs that Stephen King is so fond of using at the beginning of his chapters.

Can you add those lyrics?

Sure. IF...
  • You're writing fanfiction. Put whatever you want in fanfiction. As long as you're not charging money for it, nobody's going to care enough to sue you. But you are very likely infringing, breaking the law. So if you do get a Cease and Desist, cease and desist.
  • You're just writing for yourself with no intention of publishing. Put whatever you want in there. But if you ever do decide to publish it, you'll need to either scrub the lyrics or buy a license.
  • The song is in the public domain. Most of the time (for now) that means that the lyrics were written in 1928 or earlier. That will change to 1929 on January 1, 2025. But some songs used to be under different rules, and if their copyright was never renewed, then those are now public domain, too. (You'll have to research that on your own.)
  • You have permission from the copyright holder to use the song in your book. Maybe you know them personally. Maybe you bought a license. Either way, once you have that permission, you're good to go.
  • You don't mind going to court to try to prove your Fair Use claim or to prove that the part you quoted was never eligible for copyright protection in the first place. You'll have to pay court costs and lawyers fees if you lose and maybe even if you win. Most such cases never make it to court, but the associated fees will still need to be paid.

That's pretty much it.

If you have any questions on specific songs or weird circumstances, feel free to ask.