Getting Permission to Use a Quote from a Book or a Song - Rounds Three, Four, Five and Still Counting!
After I proudly thought I was on my way to getting permission to use a quote from a Paul Simon song in my book, I got an email from the organization (the third one) I had last communicated with telling me they were not the guys who give out the permissions. However, they were kind enough to give me the name of another permissions-giving-out organization, and I promptly send off a query and information I thought would be pertinent for their going ahead.
But, no. The next organization wasn't the right one either. They too gave me the name and contact information for another organization that gives permission for using Paul Simon lyrics (the previous one only dealt with the music side of permissions).
And, duh! It's called Paul Simon Music.
Well, I called them right away, left a voice mail for the contact in charge, and within minutes I got an email back with a form to fill out with the book’s cost, when it would come out, and the publisher. They also requested a couple of things I hadn't been asked to provide before: an excerpt of the book where the quote would be used and a short book synopsis. Perhaps that’s so they can determine how much to charge me for the use of the precious two lines I want to quote. So far no mention of money has come up from any of the permissions organizations I’ve contacted, though my publisher Janice said I would have to pay for using song lyrics.
Well, if the cost is prohibitive I can certainly paraphrase the quote. It won’t be the same but what the hey?
Anyway, we’ll see what Paul Simon Music comes back with. I'm still waiting to hear from them and the two book publishers I've sent requests out to as well.
I'll let you know how it all turns out.
Keywords:
You are a remarkable woman with a remarkable book and it SHOULD be read!”
—Jessica Bell, author of String Bridge
About Madeline
I have worked most of my professional life as a technical writer and editor, grant writer, and now as a proposal manager, managing the proposal development process and turning engineering "writing" into readable prose. I co-authored a book about women...
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Interesting
Thanks for sharing the nuts and bolts of getting permission and respecting intellectual property rights... Please let us know how it all pans out? Q
Interesting
Quenntis,
I will definitely keep you posted. Thanks for your comment and reading my piece.
Madeline
Two lines should fall under
Two lines should fall under 'fair use' rules, really, but I am told music companies get very litigious and nitpicky about what is and isn't fair use, publishers get scared, and it's sometimes not worth the effort! I had a similar experience recently. I didn't get round to phoning people, as you have, but after considering it I decided it wasn't worth the money I would have had to pay. I didn't think including the lyrics would have added substantially to the work, though they would have been nice to have of course! I wish you good luck with your endeavour, regardless of whether you get the permission or you have to change those lines.
Two lines should fall under
J Marc,
I had no idea about the "fair use" rule. But, now that I've crawled into this rabbit hole, I have to keep going. Plus I think those two lines are important to my book.
Thanks for your input. I'll let you know how it all turns out.
Madeline
Fair use
Fair use doesn't necessarily cover the use of lines to illustrate your work. What you're using it for matters too:
From http://www.copyright.gov/title17/92chap1.html#107 :
"the fair use of a copyrighted work...for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright"
That doesn't mean a copyright holder will necessarily pursue you for 2 lines of a song. Unless they have registered the work, they'd need to prove your financial gain, which would be hard to do for a few lines quoted in a book.
But it doesn't mean they won't/can't either, particularly if they have formally registered it (which gives additional rights for recompense including legal fees.)
Personally, we don't risk it. If you want to use it, you should ask, even though it's not always easy. Searching for the correct copyright holder for Paul Simon's The Boxer is how I found this thread, in fact. Thank you for posting the information -- even with the name it took two contacts to reach the right person/form.
Shasta Willson
Litsam, Inc.
Thanks, Shasta
I am very glad that I did ask.
Permission has been granted.
You're right. It wasn't easy, but it was worth the trouble going through all the steps to get it.
The main lesson here is make sure you give yourself plenty of time. As you found out for yourself, you have to contact a lot of folks before you get to where you want to be.