Musicians/Actors' names in novels
by Cherry
(Egypt)
Hello, I've been hearing that a writer shouldn't mention or quote a lyric of a song, due to the copyrights, but if a writer wants to mention the name of a musician or an actor in a quoted sentence said by a character in the story, would it be okay? Like for instance someone says...
"Driving on a highway with John Denver's song doesn't make you country boy from Texas"
...a normal silly sentence like that...would it be somehow illegal to even mention a singer's name? Whether they are modern ones or Classic?
Answer: As always, bear in mind that I am not a lawyer and cannot give legal advice. That said here's my humble opinion...
I would not worry about mentioning the name of a famous person. The fact that someone is famous puts their name in the public domain.
Where you might get in trouble is if you made a false and slanderous claim about a famous person that might damage the financial interests of the person or their relatives.
The example you give, where you are paraphrasing a line from a song may be a bit of a grey area, but I still wouldn't worry about it. It's not as though your readers will decide not to purchase the song because now they know what it's about. If anything, I think they would be more likely to go out and buy the song in order to understand the reference, which would actually benefit whoever currently
Songwriters would only be hurting themselves if they create an environment where writers are afraid to mention their songs. It would be like sabotaging your own publicity campaign
You will, if you read widely, see references like this all the time in novels, which is proof that songwriters are not aggressively litigating these instances, because it's less expensive not to. Where you run the risk of litigation are cases where there is a lot of money to be made from it. Sadly, that's seldom the case in publishing.
But let's say you write a best seller, and one of the key dramatic points or motifs in the story is a lengthy quotation from a song. In that case, it might be worth the songwriter's while to sue for copyright infringement. In fact, it might even help both parties because it would be newsworthy (free publicity), and being in the news would lead to more sales for everyone. Of course, you may lose a chunk of royalties, which would be tough to take, and you would have to pay legal fees.
The other downside is that it would also expose you as a lesser writer because you would be relying on someone else's words rather than crafting your own to tell an effective story.
The good news is that your editor/publisher should be able to draw your attention to these issues in the publishing process, so you would have time to address any serious concerns.
|
||
| site search by freefind |
Recent Postings
-
Having Multiple characters.
Jun 27, 21 04:21 PM
Question: I am writing a Sci-fi story with a military group injected with a specific serum that gives them certain abilities in fighting aliens. I have
-
Story Structure
May 18, 21 02:52 PM
Question: I want to write a novel about the experiences of four friends living in the 1950s. Can I write a few chapters at the beginning that show their
"I've read more than fifty books on writing, writing novels, etc., but your website has the most useful and practical guidance. Now that I understand how a novel is structured, I will rewrite mine, confident that it will be a more interesting novel." - Lloyd Edwards
"Thanks to your "Create a Plot Outline in 8 Easy Steps," I was able to take a story that I simply just fooled around with and went willy nilly all over, into a clearly defined, intriguing battle where two characters fight to keep their relationship intact, and try to find a balance in control of themselves and their lives. Thanks to you, I'm not ashamed of the poor organization of my writing." - Nommanic Ragus
"I am so glad I found your site. It has helped me in so many ways, and has given me more confidence about myself and my work. Thank you for making this valuable resource, for me and my fellow writers. Perhaps you'll hear about me someday...I'll owe it to you." - Ruth, Milton, U.S.A.
"I never knew what to do with all the characters in my head, but since discovering Dramatica I am writing again in my spare time. Thank you for making this available. Yes, it is a bit complex, and it does take time, but I love it because it works." - Colin Shoeman
"I came across your website by chance. It is a plethora of
knowledge, written in a simplistic way to help aspiring writers. I
truly appreciate all of the information you have provided to help me
successfully (relative term) write my novel. Thank you very much!" - Leo T. Rollins
"I
can honestly say that this is the first website that is really helpful.
You manage to answer complex questions in relatively short articles and
with really intelligent answers. Thank you for taking the time to write
these articles and sharing them so generously." - Chrystelle Nash
"...had no idea that a simple click would give me such a wealth of valuable information. The site not only offered extremely clear and helpful instructions but was a very enjoyable read as well. The education from your wonderful site has made me a better writer and your words have inspired me to get back to work on my novel. I wish to give you a heartfelt thanks for How to Write a Book Now, sir." -- Mike Chiero
