Written by Helen Sedwick
Writers love to use lyrics. After all, a Sinatra ballad evokes romance while a Grateful Dead chorus transports readers to a love-in. But using lyrics without permission is risky because they are owned by music companies that aggressively protect their rights. A writer and publisher could get a “cease and desist” letter demanding they shred every copy of the offending book, even though the infringing words are 25 out of 95,000. Worse, they could be liable for monetary damages.
But before you delete the lyrics from your work, let’s look at how to get permission. It’s often affordable, typically between $20 and $200. That won’t get you permission to use Eleanor Rigby, but it’s likely to cover many Sinatra ballads.
Suppose you want to quote lyrics from Will You Still Love Me Tomorrow by Carole King and Gerald Goffin. You might be tempted to contact the songwriters directly. Don’t. Typically, songwriters don’t handle the licensing of their songs. They assign or license their songs to music publishers that manage the process.
So how do you identify the publisher?
Start with the sheet music. Typically the publisher is identified in the copyright notice. If you can’t find the sheet music or the publisher is no longer in business, then try the two largest music publishers/agencies:
- Hal Leonard Corporation handles songs by thousands of artists including the BeeGees, Irving Berlin, Johnny Cash, Henry Mancini, and Walt Disney.
- Alfred Music Publishing represents hundreds of music publishers and songwriters, such as Bruce Springsteen and United Artists.
The search functions on these sites are awkward, and you may not find the song you want. It costs nothing to email them and ask if they manage a particular song. If they don’t, they’ll let you know.
If that doesn’t work, search ASCAP, BMI, SESAC, and SOCAN. These performing rights societies manage licensing of recorded music, but also provide contact information for music publishers.
Let’s walk through a couple searches. Suppose you want to use a few lines of I Get A Kick Out Of You. I searched the title on both BMI and SESAC and found nothing. On ASCAP, I searched Frank Sinatra, found several pages listing his recordings, and clicked on I Get A Kick Out Of You. The next page showed the writer (Cole Porter) and the publisher (Warner Brothers Music). When I clicked on Warner Brothers, a dropdown provided the contact information.
Next I searched Will You Still Love Me Tomorrow. ASCAP and SESAC turned up nothing. On BMI and SOCAN, I found the publisher, Screen Gems-EMI. I clicked on the publisher’s name and found the contact information.
Don’t be surprised if these publishers send you to back to Hal Leonard or Alfred Music, which is why I recommend starting there.
If all this searching and paying is more than you want to deal with, your alternatives are:
- Use the title and artist’s name only. Titles and names are not protected by copyright, so you may use them without permission except as part of your own book title or on your book cover. That raises trademark problems.
- Write your own lyrics. You may discover a new talent.
- Use lyrics in the public domain. Here are some excellent sources.
I would not rely on fair use. Even if you are within safe lines, the copyright owner might sue. Think of the attorneys’ fees and the time involved. While I admire those who take on David-and-Goliath battles, I’d rather spend my time and energy writing.
Attorney, author, and WNBA member Helen Sedwick uses thirty years of experience to show writers how to stay out of court and at their desks. ForeWord Review gave her Self-Publisher’s Legal Handbook five stars, calling it “one of the most valuable resources a self-publisher can own…well-written and authoritative yet unhampered by legalese.”
Disclaimer: Helen Sedwick is licensed to practice in California only. This information is general in nature and should not be used as a substitute for the advice of an attorney authorized to practice in your jurisdiction.
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