A few years ago, out of desperation, I tweeted something like: “Dear Authors. Stop. Quoting. Song lyrics. You probably don’t have permission. You definitely can’t afford it. Just stop!”

This cry of pain went semi-viral and was commented on by hundreds of people. Neil Gaiman weighed in by explaining how much he paid for rights to quote lyrics in one of his books and then had to renegotiate again for rights to quote in an ebook version. Mountain Goats said anyone could use their lyrics for free. And Hank Green made a TikTok quoting me and saying how much he had to pay for quoting lyrics in two of his books.

I’m a copyeditor for scholarly nonfiction in the humanities, and I run into quoted song lyrics at least once a month, sometimes more often. This is an immediate red flag conversation with a client. (On a side note, I seem to deal with this more than any other editor I know, which makes me think I’m a magnet for lyrics. It’s mystifying.)

What’s the big deal with quoting song lyrics? Isn’t it fair use?

Sadly, quoting song lyrics does not necessarily fall under fair use principles. The music industry has an entirely different copyright system. If you are quoting a line of a song—even just two or three words—that might be a significant portion of the total words of that song (a substantial quote). If you plan to make money from your publication (selling books), then the rights holder can litigate for a portion of that income. You would do well to tread lightly.

The music industry is also very litigious, and it has every right to come after an author who quotes lyrics but doesn’t have permission to do so.

Remember, too: The artist who wrote the song isn’t always the copyright holder. For example, Bob Dylan sold his entire catalog to Universal Music Group, so you have to contact Universal to get permission to quote any of his lyrics.

But I cited my source!

Simply citing the source of the lyrics is not sufficient. You need explicit written permission to quote, and you must cite that permission somewhere in your publication (usually the copyright page for a book, perhaps in a footnote in an article). Below is a copyright page from Stephen King’s The Stand. Note the formal legalese in each permission.

Copyright page from a Stephen King novel, listing permission to quote song lyrics.
Stephen King frequently quotes lyrics. All of the permissions are noted on the copyright page for his books.

Won’t the publisher handle it?

Publishers generally do not go about getting permissions or footing the bill, which can be in the thousands (and tens of thousands) of dollars. They may direct an author on how to go about it, but it is the author’s responsibility to secure permissions and pay those fees.

What else can I do?

There are a few options for authors:

  • You could quote something in the public domain.
  • You could write your own “song” (music not required!) and quote those lyrics.
  • You could mention the title of the song (this is fine) and imply the lyrics if they are well known.

Remember that the feelings you get from hearing music and lyrics is very subjective and may not feel the same to readers, even if some songs have a generational feeling.

Editors should be an advocate for authors and encourage alternate ways of getting the point across without quoting song lyrics.

Resources

Andre Calilhanna, “How to Legally Quote Song Lyrics in Your Book,” https://blog.bookbaby.com/how-to-write/writing-tips/lyrics-in-books

Adam Mitzer, “Using Song Lyrics in Your Novel (Spoiler Alert: You probably have to pay for it),” https://www.sidebarsaturdays.com/2016/08/06/using-song-lyrics-in-your-novel-spoiler-alert-you-probably-have-to-pay-for-it/

Judy Penz Sheluk, “Let’s Talk About Writing Using Song Lyrics,” https://judypenzsheluk.com/2022/01/22/lets-talk-about-writing-using-lyrics/


About Laura Poole

Laura Poole has been editing full-time since 1996. Her company is Archer Editorial Services, Inc., founded in 1997. She specializes in scholarly nonfiction copyediting in the humanities (books and journals) and provides training for publishers and editors. She currently serves on the ACES Awards Committee as head judge for the Robinson Prize.


4 responses to “Quoting Song Lyrics (A Minefield)”

  1. Vanessa Wells Avatar

    Hi Laura
    As a fiction editor I come across this constantly and have to gently break it to authors that no, they can’t quote “just two lines.” I’m not sure they believe my explanation and always suggest they consult a lawyer… Thanks for this clear illustration of the issue.

    1. Adrienne Montgomerie Avatar

      Thanks for commenting, Vanessa. You raise a good point: our responsibility as editors is to recognize concerns and advise writers and publishers (of all types) to seek legal advice. We are not lawyers and have no professional resposibility beyond flagging potential legal issues.
      And flagging issues is a real benefit of getting professional help!

      For editors interested in such best practices, see the “professional standards” published by your favourite professional editing association. Editors Canada’s are found at https://editors.ca/publications/professional-editorial-standards/.

  2. Anna Avatar
    Anna

    One thing that is not mentioned is that copyrights are also based on the country. For example, Canada and the USA have different copyright time frames. I had an author check Canadian laws, under which the song would have been in the pubic domain. However, the song was produced by an American, so the USA copyright timeframe, which is longer, would apply.

    1. Adrienne Montgomerie Avatar

      That is such an important thing to note, Anna. We apprecite your comment!

      While 160+ countries signed the “Berne Convention for the Protection of Literary and Artistic Works” (copyright law), there are some variations, especially when it comes to new media. (Berne was signed in 1886, after all.)
      Protection for compositions in Canada and the USA is 70 years after the death of the composer. (Protection for performances in Canada remains 50 years after death.) That changed in 2022 for all works (from 50 years, prior to that). As lyrics (alone) are written work, they are also protected in Canada for 70 years after the death of the author.

      And for interested parties, I teach a university course that convers copyright law in a publishing context with a Canadian focus: BCPW210 Ethical and Legal Issues in Writing and Publishing (part of the Simon Fraser University Editing Certificate).

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