Writing Blog Number 2

20240508 What Does Copyright Cover?

What Does Copyright Cover?

I thought I’d write this because a person on a Discord server I belong to (a writing-based one run by a publisher) recently told us that his self-published book needs to be taken down because of a copyright complaint. He needs to take out three lines in an entire book and it has resulted in him trashing the book. Those who have e-copies will find them removed from their libraries and the “40 or so” (his words) people who bought it are supposed to return it to him. Why?

He used song lyrics without permission.

So, what is copyrightable? What can you use, and can you not use?

Now, I got a lot of this information from my Creative Writing degree and from a discussion with the publisher of Invasive Species, because, as you will see, I went through some of this with them.

First and foremost, titles are not copyrightable. Use the title of a song, film, book, TV show, album, play (maybe except Macbeth… theatre lore), painting, etc. with impunity. Make sure you format it correctly, and all is right with the world.

For a quote from a real person said as that person (i.e., not as a character), so long as you acknowledge who said it, you’re fine. However, it must be remembered some speeches are copyrighted (especially those from award ceremonies; AMPAS are shocking in this regard); having said that, TED talks are generally okay. Most famous historical speeches are considered public domain, so Churchill’s “We shall fight them on the beaches…” and King’s “I had a dream…” speeches are fine to quote.

Here comes the good bit: You cannot quote song lyrics without getting permission from the song-writers, the publishing company and any ancillary companies, and most of the time it will cost you money (sometimes a lot). So, I went through this with Invasive Species. I had the lyrics for a song (I thought it was out of copyright; I was wrong), the publisher’s lawyer said no, so we alluded to it.

Basically, the law says you need to get permission. Unless it is an independent release, like I said, there are three parties you need to contact – the songwriter and/or their representatives, the music publisher, and the large entertainment conglomerate who probably owns it all. They can, of course, refuse. Van Morrison does this – a blanket “No”. But, most likely, they will charge you. This can range from a few thousand dollars (yes, that is where it tends to start) to many thousands of dollars plus a percentage cut of the gross (not net) profits (this is what you pay to use The Beatles’ lyrics if they even let you). They might refuse if they think your work will be too small; it is generally accepted that they will refuse ALL self-published requests (especially Universal music). Also, some artists refuse to appear in certain genres (The Radfords won’t allow their lyrics in YA works and Stryper will not allow their works in anything horror, for example). Sony even take down YouTube videos that use their music without permission, even if said music comes under fair use laws (criticism, parody, etc.); no warning, just DCMA statement and gone.

So, if you have the line:
She looked at him and started to sing, “When I see my baby, what do I see? Poetry… Poetry in motion…”
Forget it. But if you had:
She looked at him and started to sing the old Johnny Tillotson hit ‘Poetry In Motion’.
that’s not an issue. Even:
She looked at him and started to sing about seeing him and it being poetry.
might be clunky as all out, but it is still acceptable because there is only an allusion to the song without a direct quote.

So, the long and short of it is: do not use any song lyrics ever.

One caveat: like I said, song titles are not copyrightable, but the title must be used exactly as written. So, if you refer to the Sir Mix-A-Lot song ‘Baby Got Back’ as ‘I Like Big Butts’ you will either get done for misrepresentation OR for using a song lyric. Go to the original album the song by the artist you are referencing appears on (or the very first appearance if not referencing any particular artist) to ensure you have the title correct.

Now, movie quotes is interesting. A few lines can be used (I quoted 2 lines from Pretty In Pink in Invasive Species and the publisher let them stay), but not huge chunks, and it depends on the context in which they are used, but if in doubt, check with the company that owns the film. They are the only people who need to be contacted. However – and this is a big however – this does not apply to films owned by the Disney Corporation. They will hammer you for even the slightest hint of a quote because they are like that. And they tend to say, “No,” if asked. Now, of course, words can be used that are used in films; you just cannot acknowledge they are film quotes, and the context should not allow them to be perceived as such.

Quoting from books is a grey area, and, really, it depends on who published it, Again, context is king – if it is obvious or implied it is a book quote, you could get in trouble. So, if you are quoting from a book from a Big 5 company, generally they will say, “No.” If from a self-published book, you merely need the permission of the author. From an indy (small to medium) publisher, it can be complicated; author and company need to be contacted and permission granted, usually, but not always. Depends on the contract signed.

When it comes to using characters, no. Of course, characters can share a name (one of the characters in my Patch Of Green shares a name with a major character from a book series), but if the character is clearly taken from another work, that is where the issue lies. And this is from film, book, theatre, TV, everything.

Now, to add complications – works and characters can enter public domain. Books and their characters, paintings (and associated), plays, and statues enter 70 years after the death of the last author of a work (not editor). Speeches enter public domain (if not broadcast in an awards ceremony) after 70 years in the USA, or 50 years in Australia. Films enter public domain 95 years after the copyright date in the USA, 70 years in Australia, and never in Japan (just for three different countries). Music composition enters public domain 99 years after being written; specific recordings by specific artists 99 years after the last release (which is why you see so much older music re-released on CD every so often). Interestingly, this currently only covers physical media. Anything released digitally only is a straight 99 years. This is currently being tested in court, by the way.

Anything created by AI is not subject to copyright. It is currently before the courts as to percentages of a work being AI as to when a human can get copyright applied. It is messy. There are not definitive answers yet.

And that is how easy this part of copyright law is!