April 24, 2018 § 20 Comments
Music is great for writing. Pop those headphones in, start up your two-hour Epic Music track or your carefully curated, book-specific playlist, get in your headspace and go go go.
Music is not great for reading. When I edit a manuscript with song lyrics used as epigraphs, or quoted from one character to another, or someone singing along, I have standard cut-and-paste language:
Consider whether these lines are necessary: using song lyrics falls under a specific copyright area that is not subject to fair use, and obtaining permission is tedious and can be difficult and expensive.
The short answer to “What about using some song lyrics in my memoir?” is “You can’t.” To elaborate, songs written after 1923-ish (depending on when you read this blog post) are almost certainly under copyright. The singer or band associated with the song may or may not be the writer(s). Once you google to find the writing credits, you’ll need to track down the publisher through ASCAP or BMI. The publisher does not want to talk to you until you have a publication contract, or specific, written publication plans including where you’ll be selling the book, the cover price, and how many copies you’re printing. Then the publisher bills you.
It can get expensive, Blake Morrison tells the Guardian:
I still have the invoices. For one line of “Jumpin’ Jack Flash”: £500. For one line of Oasis’s “Wonderwall”: £535. For one line of “When I’m Sixty-four”: £735. For two lines of “I Shot the Sheriff” (words and music by Bob Marley, though in my head it was the Eric Clapton version): £1,000. Plus several more, of which only George Michael’s “Fastlove” came in under £200. Plus VAT. Total cost: £4,401.75.
But what about “fair use”?
Fair use is the legal principle allowing us to quote lines or paragraphs from books under copyright. Quotations are fair use if the number of words used is a very small proportion of the total words in the original work; if the quote is properly attributed; and if it’s essential to the point you’re making in your own work. Song lyrics have not yet been held to a “fair use” standard. Arguably, even a line of a song is a fairly large proportion compared to say, 200 words from a 90,000-word novel. But poetry can be fairly used and often is. What makes songs different?
Publishers with deep pockets, excellent legal teams, and a strong precedent of defending their copyrights.
Beyond legal battles, it’s worth it to consider what impact the quoted lyrics will really have in your book. Does your reader associate “Janie’s Got A Gun” with that beautiful night you sat in a convertible, watching the ocean roll in below the hills? Or does she remember her school’s anti-violence initiative that used the literal message of the song? Will readers from another generation even know the song you’re quoting? Will they think of it as “Mom’s music” instead of “pulse-pounding jam”? Writers can’t control how readers react, so we might as well use words we can craft ourselves.
In the Brevity Podcast Episode 8, Geeta Kothari and I discussed using quotes within essays and stories. In her experience as an editor for Kenyon Review, lyrics often pull the reader out of the story on the page and into their own associations with the song. JoBeth McDaniel, from the Rush editorial board, mentions in the same episode that even quoting other non-song writing raises legal issues that editors just don’t want to deal with.
Sure, it’s a great feeling when a single lyric conjures up a world of emotion in our heart. But it’s both uncertain and a bit lazy to expect that line to do the same for every reader. Instead, ask yourself what emotional purpose that song serves, and put that feeling in the setting, in the narrative, in the dialogue. Or obliquely quote in a way that makes knowledge of the original song unnecessary:
He banged his head to Sweet Child O’ Mine and I wished hard I could like Guns N Roses. (Titles are OK!)
On the radio, Springsteen was on fire, singing his creepy lyrics about Daddy not being home.
We rolled down the windows and cranked up the stereo–GooGooDolls, The Cure, KLM, all the music everyone was listening to, the bass throbbing in my chest and making me feel like I was part of everyone.
You’ve got something important to say. Don’t lean on a song to say it for you. Use your words. Use your images. Use your experiences. Trust in your power to create your own music in the reader’s head.