Can you use song lyrics in your writing?

I’m often asked about whether the use of song lyrics in your writing is permissible. So while I don’t normally tackle legal issues, I felt that this particular issue is a necessary topic to expand on. And remember, I’m not a lawyer, so you should always speak to an attorney and research legal topics like this more than just through this post.

Music is part of our culture, and people relate to songs in ways that allow them to connect deeply with others. As a result of this emotional correlation, it can be extremely tempting to use song lyrics in your writing as a tool to emphasize deep emotions and pull at your reader’s heartstrings. However, song lyrics are under copyright protection; this means that if you don’t get the proper permissions, you could get into plenty of legal trouble.

Using song lyrics in your writing

Using song lyrics in your writing is the big issue that we’re getting into today, one that applies to almost all forms of published work: books, articles, movie excerpts, art, etc. It is imperative that you understand that using song lyrics in your writing can get you into legitimate legal trouble. 

There’s a general rule about how much content—in this case, song lyrics—you can use before copyright protection goes into effect. However, the problem is in knowing exactly how much you can get away with. Unfortunately, there isn’t a spoken rule that we can all simply refer to. Chicago Manual of Style mentions using no more than a few lines in poetry, for example, but states that there is no true guideline that can be used to determine fair use.

If you have to use lyrics, it’s always smart to get permission, just to be safe. Even if you don’t think your book will see the eyes of said songwriter, or someone relevant to that particular excerpt, you just don’t know. You can’t know. So, why risk it?

How to get permissions

Jane Friedman has a great guide on how to seek permission for your writing, which you can find here. It’s always a good idea to familiarize yourself with copyright protection by taking a look at copyright.gov, too, just to confirm whether you need the permission in the first place.

It’s worth noting that getting permissions can cost you money—they can also be rather frustrating to get. As a result of this, some writers have looked at alternative methods to including song lyrics in their writing. We’ll get to those next.

What about using song titles instead of song lyrics?

The quickest solution most people jump to when it comes to using song lyrics in their writing is to switch them out for the title of the song instead. You may ask why not? So here’s your answer: Song titles aren’t under copyright protection, but they might be trademarked.

It’s legal to use song titles in your book, but some sources argue that a song title could be trademarked, for example, this article in Writer’s Digest. Regardless of the legality, you might just find yourself hearing from someone’s lawyer anyway. Check the trademark registry if you’re unsure. And please don’t depend on your editor to do this.

I’m not a lawyer, so my response will always be to check first. If you absolutely must use this song title in your writing, ensure you look up the protections. Similarly, book titles, movie titles, etc. can be used in this way; just make sure you check first.

Should you use the band name instead?

One thing to consider is that no matter how popular a song might be, it’s entirely possible that your readers will still have no clue about the song title you’re referring to. So your reference will either have the desired effect, or it’ll fall flat entirely.

This brings us to the next popular fix for using song lyrics in your writing—use the band/singer’s name. These are not protected, in fact, they are factual and are free to use.

I recommend against bashing any band, singer, song, etc. as this could be classed as defamation (depending on context) and therefore can lead to legal trouble. To avoid any legal trouble, remaining neutral or being positive about a band or singer is the best way to go.

Public Domain and Creative Commons

Fun fact: everything published before 1923 is public domain. If something is in the public domain, it means you do not have to obtain permissions, so you’re safe to use the information however you wish. The sticker here is that there isn’t a great deal known about anything before 1923, but even still, you can legally use it in your writing.

It’s worth noting that I am just one source and that, for anything related to the law, I implore you to do your own research first. I, of course, do mine, but you should always conduct your own research as well, especially when it comes to the legal complexities of copyright. There is never one simple answer, or rarely.

Creative Commons is like public domain, but there are a few more guidelines, and it’s not limited to things published before 1923. Check out their website to learn more.

An editor’s advice for using songs in your writing

As we’ve seen, using song lyrics or any other type of copyrighted material in your writing can be a legal minefield. My advice is to be safe. Protect yourself. If you’re not sure, look it up. Look up your rights, and look up theirs. 

AND DON’T DEPEND ON YOUR EDITOR. Editors may or may not look up trademarks or anything that may get you into legal trouble. For the most part, an editor’s job is not to be your legal safety net. If something stands out, we may flag it, but always, always do your due diligence, because you will never meet an editor who finds everything, and if one of those things they don’t find gets you a cease-and-desist letter, that’s on you.

Copyright is a nasty business if you’re on the defending end, and you don’t want to be there. Again, I want to stress that I am not a lawyer, so if you have one you can contact for a particular situation, please do. Law is so hard for us non-law folk to decipher, and someone who works in that industry can help you. I just glossed over the basics, but it’s up to you to do research for your situation. Good luck!