Public Domain and Copyright Issues for Writers

Use of Titles, Song Lyrics, and Poems in Fiction

Sep 23, 2009

When it comes to the use of titles, song lyrics, and poetry, many writers are unclear as to the rules of what can be used and what constitutes copyright infringement.

Can an author use the same title for a novel as an already published book? Can song lyrics be quoted in a novel? How about poetry passages? When quoting the creative works of others, many writers are unclear as to what can be legally used and what is considered copyright infringement. Below are some common questions that often arise concerning the use of titles, song lyrics, and poetry.

Can a Title be Copyrighted?

No, titles cannot be copyrighted. This is no doubt because so many authors would come up with the same title the courts would be jam-packed with lawsuits.

Some popular titles are used over and over again. However, most authors find it is best not to have a book out with the same title as another novel published in the same year, especially if that book is in the same genre. If it is an older title or in a very different genre, it doesn’t make much difference. If it is fairly new and in the same genre, the author may want to choose another title.To check whether a title has been used recently, a title can be called up on Amazon to see if it appears. For example, at this moment there are three books listed on Amazon with the title Grave Secrets, three with the title The Devil's Footprints, and nine with the title Double Jeopardy.

Can Lyrics to a Popular Song be Quoted in a Novel?

The use of popular songs is one area which can be a real danger zone. Musicians and recording studios do not usually take kindly to the lyrics of popular songs being reprinted anywhere without their permission.

If a writer has a burning desire to use lyrics of a current song or one still under copyright, the author must write to the copyright holder and ask permission. This can cause lengthy delays. Many times the request gets shuffled from department to department and no one responds, leaving the author in limbo.

While using song lyrics verbatim is risky, many times a writer can get the same effect by simply mentioning the song or singer in a more general manner. “An old Barry Manilow song was playing on the radio that brought back a host of nostalgic memories about falling in love.” In this way the same effect has been created without using the actual lyrics to any one song. And most readers will be familiar with Manilow’s romantic songs and style and an image will form in their mind of the music playing in the background. Even if they don’t know who he is, they will make an educated guess.

If a writer really needs song lyrics, another option is to make up a fictional singer and lyrics, or find a “hopeful” band. It is much easier to get permission to use the lyrics of a fairly unknown group than an established band, and they will benefit from the free advertising.

Can Poetry be Quoted in a Novel?

The same basic rules apply to poetry. Much older poetry is under public domain. Public domain means copyright on the work has expired and anyone is free to use it. If a poem is in public domain, it can quoted to the heart’s content. Of course, credit should still be given to the original author, whether it be Robert Browning or Shakespeare.

The older a work is, the more likely it is that it will fall under public domain. But because copyright laws last quite a long time, it is wise to make sure the intended passage or lyrics are in the public domain before quoting word for word. In general, most copyrights extend the life of the creator plus 70 years.

Under the "fair use" rule of copyright law, an author can make limited use of another writer's work. That means under certain circumstances a write can quote a line or two of a poem or song. However, this can be tricky because use is judged by the length of the work, and a poem or song is so short a writer can easily go over the limit. This law mostly covers journalism and copying for noncommercial and educational purposes. That is why it is still advisable to get permission before quoting even a line or two directly from a fairly new poem or song in a commercial work of fiction such as a novel.

Check it Out or Leave it Out

If a writer feels uncomfortable using a portion of a poem, song, or any other work that may be under copyright, it is wise to either check it out or leave it out.

The copyright of the article Public Domain and Copyright Issues for Writers in Writing Fiction is owned by Vickie Britton. Permission to republish Public Domain and Copyright Issues for Writers in print or online must be granted by the author in writing.