Can You Use Song Lyrics in a Book?

In this blog post, you’ll learn the dos and don’ts of using song lyrics in a book.

As an aspiring author, you probably have pondered once or twice about incorporating a line from a popular song just to enhance a particular scene in your book. It can add flavour, set the mood, or make a character seem more real.

It is, however, essential that you understand copyright law before going ahead and using someone else’s intellectual property.

And yes, you read it right – song lyrics are copyrighted.

The Copyright Act of 1976 protects all published and unpublished works as soon as they’re created.

Your work is copyrighted as soon as you put pen to paper (or finger to keyboard).

You don’t even need to register it with the U.S. Copyright Office for protection.

Well, does it mean you can never use song lyrics in your book since the copyright owner (usually the songwriter or music publisher) has the exclusive right to reproduce, distribute, perform and display the work?

The answer is no, but there are some conditions.

You can use song lyrics in a book if you get permission from the copyright holder – which, as we mentioned, is usually the songwriter or music publisher – and as long as you maintain the concept of fair use.

What is Fair Use of Song Lyrics in a Book?

The Copyright Act of 1976 acknowledges that it is sometimes necessary to use a copyrighted work without the permission of the owner to create something new or to comment on, criticize or parody the original work.

This is known as fair use, and it’s decided on a case-by-case basis.

To determine whether your use of someone else’s copyrighted material qualifies as fair use, courts will consider the following factors:

• The purpose and character of your use: If you’re using the song lyrics in a book for commercial gain or creating something derivative of the original work, it’s less likely to be considered fair use. On the other hand, it’s more likely to be allowed if you’re using it for educational purposes, criticism or review.
• The nature of the copyrighted work: If the song is a creative work (like a poem), you’re less likely to be able to use it without permission than if it’s real work, i.e., a history book. The law is designed to encourage creativity, not restrict it.
• The portion used in relation to the copyrighted work as a whole: The less you use, the more likely it is to be considered fair use. For example, if you only quote a few words or phrases from a song in your book, it’s more likely to be allowed than if you quote the entire song.
• The effect of the use on the potential market for or value of the copyrighted work: If your use of the song lyrics doesn’t hurt the market for the original work, it’s more likely to be considered fair use. For example, if you’re writing a book that’s not in competition with the original work, it’s less likely to be seen as a threat.

Not All Songs Are Copyrighted

Case in point: songs in the public domain.

These are songs that were published before 1925 or whose copyright has expired.

Examples include “Happy Birthday,” “Auld Lang Syne,” and “Yankee Doodle.”

You can use these songs in your book without asking for permission because they’re not protected by copyright law.

But who’s using a happy birthday song for their book?

Some Lyrics Are Not Lyrics

Remember that not all song lyrics are actually considered lyrics.

If a song simply recites a list of facts, i.e., the days of the week or the name of a city or place, then it’s not protected by copyright law.

The same applies to common phrases, i.e., I love you, I miss you so much – you get the idea.

You can use these types of songs in your book without permission from the copyright holder.

Get Written Permission for Song Lyrics 

Even if your use of song lyrics falls under fair use, it’s always best to err on the side of caution and get written permission from the copyright holder.

The best way to do this is to contact the songwriter or music publisher directly and ask permission.

You can also use a service like the Copyright Clearance Center, which can help you get permission to use copyrighted material.

Keep in mind that you’ll likely have to pay a fee to use the song lyrics in your book.

The fee will depend on several factors, including how the song will be used and its popularity.

Be reminded that getting permission to use song lyrics in a book doesn’t mean you have the right to use the entire song.

You’ll only be able to use a portion of the song in most cases, so make sure you get permission for the specific lyrics you want to use.

And even with the utmost courtesy and respect, some songwriters and publishers just don’t want to give permission for their songs to be used in books.

If this is the case, you have no choice but to look for another song or find a way to work around the lyrics you want to use, albeit legally.