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  • The legality of using song lyrics in your book

The legality of using other's song lyrics in your book

​There is no specific measure of how much of a given song's lyrics you can use without triggering copyright.
 
Unfortunately, that has to be measured on a case-by-case basis.
 
I have carefully researched your question and have your answer.
 
To conduct this research I first searched the following terms: U.S. patent and trademark office
 
You may view the results of my search online. The link is
www.google.com/search?hl=en&ie=UTF-8&oe=UTF-8&q=u.s.+patent+and+trademark+office
 
You may visit the U.S. Patent and Trademark web site online. The link is http://www.uspto.gov
 
According the USPTO, song lyrics without the attached music fall under the "literary" copyright category. You may view the definitions as pertaining to copyright law online. The link is www.copyright.gov/title17/chapter01.pdf
 
You may view the full set of U.S. Copyright laws online. The link is www.copyright.gov/title17
 
Depending on what you're using the lyrics for, you may be in violation of copyright infringement laws.
 
The copyright rules explicitly state that you may not use any lyrics from a song that's owned by someone else without expressed permission. No specific number of lyrics is provided in the law.
 
Obviously, you are safe using one or two of the words. It's when you take an entire phrase or section of a song's lyrics and insert them in your own literary work as if they're your own work... that's when there's a problem.
 
If you have no intention of profiting off the work you're creating, you likely would be fine, quoting the lyrics. News reporters, teachers, and the like may quote song lyrics without infringing on the copyright rules.
 
This is called "fair use." To determine whether your use would fall under Fair Use rules, consult the copyright laws:
 
"Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”
 
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include?
 
(1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work."
 
You may view this on page 18 of the link www.copyright.gov/title17/chapter01.pdf
 
If you are planning on using a phrase or refrain from a previously published set of song lyrics, you should contact the owner of the lyrics to ask permission.
 
Have them sign a brief release form that gives you expressed written permission to use the lyrics.
 
 
To contact us: 310-544-9502  Mike@RoundsMiller.com