Approach to pop culture quotes in fiction writing












6














I am contemplating writing a fictional character [nerd] who speaks in a pop culture references. I appreciate this question somewhat overlaps



Referencing modern pop culture in science fiction



The concept is a period piece so I see the use of quotes dating the work as an advantage.



The character would quote single lines of pop songs, though probably not exactly. What I'm worried about is the legality of quoting copyrighted material.



Is a single line precisely quoted a copyright infringement?
What if it's approximately quoted?
What if there's a foil character who attributes the quotes?



For example, say something bad happens



A: They must be out of their brilliant minds



B: I heard that somewhere [thinks]



A: furniture



B: what?



A: [Hums tunelessly]



B: oh yeah... 1986. Peaked at 21.



A: [gapes] high five dude



Any thoughts would be appreciated.










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    6














    I am contemplating writing a fictional character [nerd] who speaks in a pop culture references. I appreciate this question somewhat overlaps



    Referencing modern pop culture in science fiction



    The concept is a period piece so I see the use of quotes dating the work as an advantage.



    The character would quote single lines of pop songs, though probably not exactly. What I'm worried about is the legality of quoting copyrighted material.



    Is a single line precisely quoted a copyright infringement?
    What if it's approximately quoted?
    What if there's a foil character who attributes the quotes?



    For example, say something bad happens



    A: They must be out of their brilliant minds



    B: I heard that somewhere [thinks]



    A: furniture



    B: what?



    A: [Hums tunelessly]



    B: oh yeah... 1986. Peaked at 21.



    A: [gapes] high five dude



    Any thoughts would be appreciated.










    share|improve this question







    New contributor




    user3473715 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
    Check out our Code of Conduct.























      6












      6








      6







      I am contemplating writing a fictional character [nerd] who speaks in a pop culture references. I appreciate this question somewhat overlaps



      Referencing modern pop culture in science fiction



      The concept is a period piece so I see the use of quotes dating the work as an advantage.



      The character would quote single lines of pop songs, though probably not exactly. What I'm worried about is the legality of quoting copyrighted material.



      Is a single line precisely quoted a copyright infringement?
      What if it's approximately quoted?
      What if there's a foil character who attributes the quotes?



      For example, say something bad happens



      A: They must be out of their brilliant minds



      B: I heard that somewhere [thinks]



      A: furniture



      B: what?



      A: [Hums tunelessly]



      B: oh yeah... 1986. Peaked at 21.



      A: [gapes] high five dude



      Any thoughts would be appreciated.










      share|improve this question







      New contributor




      user3473715 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.











      I am contemplating writing a fictional character [nerd] who speaks in a pop culture references. I appreciate this question somewhat overlaps



      Referencing modern pop culture in science fiction



      The concept is a period piece so I see the use of quotes dating the work as an advantage.



      The character would quote single lines of pop songs, though probably not exactly. What I'm worried about is the legality of quoting copyrighted material.



      Is a single line precisely quoted a copyright infringement?
      What if it's approximately quoted?
      What if there's a foil character who attributes the quotes?



      For example, say something bad happens



      A: They must be out of their brilliant minds



      B: I heard that somewhere [thinks]



      A: furniture



      B: what?



      A: [Hums tunelessly]



      B: oh yeah... 1986. Peaked at 21.



      A: [gapes] high five dude



      Any thoughts would be appreciated.







      fiction copyright legal quotes






      share|improve this question







      New contributor




      user3473715 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.











      share|improve this question







      New contributor




      user3473715 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.









      share|improve this question




      share|improve this question






      New contributor




      user3473715 is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.









      asked yesterday









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          2 Answers
          2






          active

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          6














          Citing song lyrics in a novel is not fair use. You need permission to use song lyrics in a novel.



          Jane Friedman cautions:




          Because songs and poems are so short, it’s dangerous to use even 1 line without asking for permission, even if you think the use could be considered fair.




          And Writer's Digest explains:




          Song lyrics are copyrighted, which means you need permission to use them. According to our legal expert Amy Cook, there isn’t any specific law about how much you can take under fair use, but it’s common for the music industry to say you need permission for even one line of a song.



          “The music industry is pretty vigilant about song lyrics,” Cook says. “This is especially true if you’re using the lyrics in a novel to progress the story or add atmosphere. If you’re a music critic reviewing a CD, you have more leeway under fair use.”







          share|improve this answer





















          • @Amadeus strange law
            – Mario Trucco
            yesterday






          • 1




            A lot of good comments here and some useful links. I note that the linked Jane Friedman page above states ”No permission is needed to mention song titles, movie titles, names, etc. You do not need permission to include song titles, movie titles, TV show titles—any kind of title—in your work. You can also include the names of places, things, events, and people in your work without asking permission. These are facts.”
            – user3473715
            yesterday












          • @user3473715 Indeed. Because you need to be able to write a book set in the real world dealing with real world experiences. You can have your character read Harry Potter and listen to Coldplay in the same way that your character can wear Levi's jeans and drive a Porsche. You are allowed to refer to other works of art, but you are not allowed to use them.
            – user57423
            yesterday



















          3














          According to this question, you'd be in trouble if you quoted entire songs, but single lines should be okay. Making the quotes approximate would ensure you don't run into any legal issues, but would also likely prevent your readers from getting the references, which would defeat the entire purpose. So only do that as a last resort, if your publisher objects to the unedited quotes.




          What if there's a foil character who attributes the quotes?




          I think this is a bad idea; not from a legal standpoint, but from a writing standpoint. The sample dialogue you provided seems very, very clunky, and depending on how bad the "bad thing" is, it may also come across as very jarring and out-of-place to have the characters suddenly high-fiving each other over pop-culture references.



          I must confess I'm not familiar with your example song lyric, but if I was, and I had to read six lines of dialogue explaining it, it would be a bit tedious. And if I understood all your references, and you explained them every single time... it would get annoying.



          If you really want to attribute all this character's quotes - or have some way of explaining them for those who don't recognise them - I'd take the approach recommended in this question and have some kind of "Acknowledgements" section at the back of your book where you can list all the songs you referenced. That way you're still attributing the lyrics without having to stop the action every five minutes while you do so.






          share|improve this answer

















          • 3




            THIS IS WRONG. Songs are not treated like novels or other forms of writing. People have been successfully sued for single lines, or just using three distinctive notes of somebody else's song. See the links provided by user57423's answer. Writer's Digest is an authoritative source with a lawyer providing the answer.
            – Amadeus
            yesterday











          Your Answer








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          2 Answers
          2






          active

          oldest

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          2 Answers
          2






          active

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          active

          oldest

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          active

          oldest

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          6














          Citing song lyrics in a novel is not fair use. You need permission to use song lyrics in a novel.



          Jane Friedman cautions:




          Because songs and poems are so short, it’s dangerous to use even 1 line without asking for permission, even if you think the use could be considered fair.




          And Writer's Digest explains:




          Song lyrics are copyrighted, which means you need permission to use them. According to our legal expert Amy Cook, there isn’t any specific law about how much you can take under fair use, but it’s common for the music industry to say you need permission for even one line of a song.



          “The music industry is pretty vigilant about song lyrics,” Cook says. “This is especially true if you’re using the lyrics in a novel to progress the story or add atmosphere. If you’re a music critic reviewing a CD, you have more leeway under fair use.”







          share|improve this answer





















          • @Amadeus strange law
            – Mario Trucco
            yesterday






          • 1




            A lot of good comments here and some useful links. I note that the linked Jane Friedman page above states ”No permission is needed to mention song titles, movie titles, names, etc. You do not need permission to include song titles, movie titles, TV show titles—any kind of title—in your work. You can also include the names of places, things, events, and people in your work without asking permission. These are facts.”
            – user3473715
            yesterday












          • @user3473715 Indeed. Because you need to be able to write a book set in the real world dealing with real world experiences. You can have your character read Harry Potter and listen to Coldplay in the same way that your character can wear Levi's jeans and drive a Porsche. You are allowed to refer to other works of art, but you are not allowed to use them.
            – user57423
            yesterday
















          6














          Citing song lyrics in a novel is not fair use. You need permission to use song lyrics in a novel.



          Jane Friedman cautions:




          Because songs and poems are so short, it’s dangerous to use even 1 line without asking for permission, even if you think the use could be considered fair.




          And Writer's Digest explains:




          Song lyrics are copyrighted, which means you need permission to use them. According to our legal expert Amy Cook, there isn’t any specific law about how much you can take under fair use, but it’s common for the music industry to say you need permission for even one line of a song.



          “The music industry is pretty vigilant about song lyrics,” Cook says. “This is especially true if you’re using the lyrics in a novel to progress the story or add atmosphere. If you’re a music critic reviewing a CD, you have more leeway under fair use.”







          share|improve this answer





















          • @Amadeus strange law
            – Mario Trucco
            yesterday






          • 1




            A lot of good comments here and some useful links. I note that the linked Jane Friedman page above states ”No permission is needed to mention song titles, movie titles, names, etc. You do not need permission to include song titles, movie titles, TV show titles—any kind of title—in your work. You can also include the names of places, things, events, and people in your work without asking permission. These are facts.”
            – user3473715
            yesterday












          • @user3473715 Indeed. Because you need to be able to write a book set in the real world dealing with real world experiences. You can have your character read Harry Potter and listen to Coldplay in the same way that your character can wear Levi's jeans and drive a Porsche. You are allowed to refer to other works of art, but you are not allowed to use them.
            – user57423
            yesterday














          6












          6








          6






          Citing song lyrics in a novel is not fair use. You need permission to use song lyrics in a novel.



          Jane Friedman cautions:




          Because songs and poems are so short, it’s dangerous to use even 1 line without asking for permission, even if you think the use could be considered fair.




          And Writer's Digest explains:




          Song lyrics are copyrighted, which means you need permission to use them. According to our legal expert Amy Cook, there isn’t any specific law about how much you can take under fair use, but it’s common for the music industry to say you need permission for even one line of a song.



          “The music industry is pretty vigilant about song lyrics,” Cook says. “This is especially true if you’re using the lyrics in a novel to progress the story or add atmosphere. If you’re a music critic reviewing a CD, you have more leeway under fair use.”







          share|improve this answer












          Citing song lyrics in a novel is not fair use. You need permission to use song lyrics in a novel.



          Jane Friedman cautions:




          Because songs and poems are so short, it’s dangerous to use even 1 line without asking for permission, even if you think the use could be considered fair.




          And Writer's Digest explains:




          Song lyrics are copyrighted, which means you need permission to use them. According to our legal expert Amy Cook, there isn’t any specific law about how much you can take under fair use, but it’s common for the music industry to say you need permission for even one line of a song.



          “The music industry is pretty vigilant about song lyrics,” Cook says. “This is especially true if you’re using the lyrics in a novel to progress the story or add atmosphere. If you’re a music critic reviewing a CD, you have more leeway under fair use.”








          share|improve this answer












          share|improve this answer



          share|improve this answer










          answered yesterday









          user57423

          1,6741422




          1,6741422












          • @Amadeus strange law
            – Mario Trucco
            yesterday






          • 1




            A lot of good comments here and some useful links. I note that the linked Jane Friedman page above states ”No permission is needed to mention song titles, movie titles, names, etc. You do not need permission to include song titles, movie titles, TV show titles—any kind of title—in your work. You can also include the names of places, things, events, and people in your work without asking permission. These are facts.”
            – user3473715
            yesterday












          • @user3473715 Indeed. Because you need to be able to write a book set in the real world dealing with real world experiences. You can have your character read Harry Potter and listen to Coldplay in the same way that your character can wear Levi's jeans and drive a Porsche. You are allowed to refer to other works of art, but you are not allowed to use them.
            – user57423
            yesterday


















          • @Amadeus strange law
            – Mario Trucco
            yesterday






          • 1




            A lot of good comments here and some useful links. I note that the linked Jane Friedman page above states ”No permission is needed to mention song titles, movie titles, names, etc. You do not need permission to include song titles, movie titles, TV show titles—any kind of title—in your work. You can also include the names of places, things, events, and people in your work without asking permission. These are facts.”
            – user3473715
            yesterday












          • @user3473715 Indeed. Because you need to be able to write a book set in the real world dealing with real world experiences. You can have your character read Harry Potter and listen to Coldplay in the same way that your character can wear Levi's jeans and drive a Porsche. You are allowed to refer to other works of art, but you are not allowed to use them.
            – user57423
            yesterday
















          @Amadeus strange law
          – Mario Trucco
          yesterday




          @Amadeus strange law
          – Mario Trucco
          yesterday




          1




          1




          A lot of good comments here and some useful links. I note that the linked Jane Friedman page above states ”No permission is needed to mention song titles, movie titles, names, etc. You do not need permission to include song titles, movie titles, TV show titles—any kind of title—in your work. You can also include the names of places, things, events, and people in your work without asking permission. These are facts.”
          – user3473715
          yesterday






          A lot of good comments here and some useful links. I note that the linked Jane Friedman page above states ”No permission is needed to mention song titles, movie titles, names, etc. You do not need permission to include song titles, movie titles, TV show titles—any kind of title—in your work. You can also include the names of places, things, events, and people in your work without asking permission. These are facts.”
          – user3473715
          yesterday














          @user3473715 Indeed. Because you need to be able to write a book set in the real world dealing with real world experiences. You can have your character read Harry Potter and listen to Coldplay in the same way that your character can wear Levi's jeans and drive a Porsche. You are allowed to refer to other works of art, but you are not allowed to use them.
          – user57423
          yesterday




          @user3473715 Indeed. Because you need to be able to write a book set in the real world dealing with real world experiences. You can have your character read Harry Potter and listen to Coldplay in the same way that your character can wear Levi's jeans and drive a Porsche. You are allowed to refer to other works of art, but you are not allowed to use them.
          – user57423
          yesterday











          3














          According to this question, you'd be in trouble if you quoted entire songs, but single lines should be okay. Making the quotes approximate would ensure you don't run into any legal issues, but would also likely prevent your readers from getting the references, which would defeat the entire purpose. So only do that as a last resort, if your publisher objects to the unedited quotes.




          What if there's a foil character who attributes the quotes?




          I think this is a bad idea; not from a legal standpoint, but from a writing standpoint. The sample dialogue you provided seems very, very clunky, and depending on how bad the "bad thing" is, it may also come across as very jarring and out-of-place to have the characters suddenly high-fiving each other over pop-culture references.



          I must confess I'm not familiar with your example song lyric, but if I was, and I had to read six lines of dialogue explaining it, it would be a bit tedious. And if I understood all your references, and you explained them every single time... it would get annoying.



          If you really want to attribute all this character's quotes - or have some way of explaining them for those who don't recognise them - I'd take the approach recommended in this question and have some kind of "Acknowledgements" section at the back of your book where you can list all the songs you referenced. That way you're still attributing the lyrics without having to stop the action every five minutes while you do so.






          share|improve this answer

















          • 3




            THIS IS WRONG. Songs are not treated like novels or other forms of writing. People have been successfully sued for single lines, or just using three distinctive notes of somebody else's song. See the links provided by user57423's answer. Writer's Digest is an authoritative source with a lawyer providing the answer.
            – Amadeus
            yesterday
















          3














          According to this question, you'd be in trouble if you quoted entire songs, but single lines should be okay. Making the quotes approximate would ensure you don't run into any legal issues, but would also likely prevent your readers from getting the references, which would defeat the entire purpose. So only do that as a last resort, if your publisher objects to the unedited quotes.




          What if there's a foil character who attributes the quotes?




          I think this is a bad idea; not from a legal standpoint, but from a writing standpoint. The sample dialogue you provided seems very, very clunky, and depending on how bad the "bad thing" is, it may also come across as very jarring and out-of-place to have the characters suddenly high-fiving each other over pop-culture references.



          I must confess I'm not familiar with your example song lyric, but if I was, and I had to read six lines of dialogue explaining it, it would be a bit tedious. And if I understood all your references, and you explained them every single time... it would get annoying.



          If you really want to attribute all this character's quotes - or have some way of explaining them for those who don't recognise them - I'd take the approach recommended in this question and have some kind of "Acknowledgements" section at the back of your book where you can list all the songs you referenced. That way you're still attributing the lyrics without having to stop the action every five minutes while you do so.






          share|improve this answer

















          • 3




            THIS IS WRONG. Songs are not treated like novels or other forms of writing. People have been successfully sued for single lines, or just using three distinctive notes of somebody else's song. See the links provided by user57423's answer. Writer's Digest is an authoritative source with a lawyer providing the answer.
            – Amadeus
            yesterday














          3












          3








          3






          According to this question, you'd be in trouble if you quoted entire songs, but single lines should be okay. Making the quotes approximate would ensure you don't run into any legal issues, but would also likely prevent your readers from getting the references, which would defeat the entire purpose. So only do that as a last resort, if your publisher objects to the unedited quotes.




          What if there's a foil character who attributes the quotes?




          I think this is a bad idea; not from a legal standpoint, but from a writing standpoint. The sample dialogue you provided seems very, very clunky, and depending on how bad the "bad thing" is, it may also come across as very jarring and out-of-place to have the characters suddenly high-fiving each other over pop-culture references.



          I must confess I'm not familiar with your example song lyric, but if I was, and I had to read six lines of dialogue explaining it, it would be a bit tedious. And if I understood all your references, and you explained them every single time... it would get annoying.



          If you really want to attribute all this character's quotes - or have some way of explaining them for those who don't recognise them - I'd take the approach recommended in this question and have some kind of "Acknowledgements" section at the back of your book where you can list all the songs you referenced. That way you're still attributing the lyrics without having to stop the action every five minutes while you do so.






          share|improve this answer












          According to this question, you'd be in trouble if you quoted entire songs, but single lines should be okay. Making the quotes approximate would ensure you don't run into any legal issues, but would also likely prevent your readers from getting the references, which would defeat the entire purpose. So only do that as a last resort, if your publisher objects to the unedited quotes.




          What if there's a foil character who attributes the quotes?




          I think this is a bad idea; not from a legal standpoint, but from a writing standpoint. The sample dialogue you provided seems very, very clunky, and depending on how bad the "bad thing" is, it may also come across as very jarring and out-of-place to have the characters suddenly high-fiving each other over pop-culture references.



          I must confess I'm not familiar with your example song lyric, but if I was, and I had to read six lines of dialogue explaining it, it would be a bit tedious. And if I understood all your references, and you explained them every single time... it would get annoying.



          If you really want to attribute all this character's quotes - or have some way of explaining them for those who don't recognise them - I'd take the approach recommended in this question and have some kind of "Acknowledgements" section at the back of your book where you can list all the songs you referenced. That way you're still attributing the lyrics without having to stop the action every five minutes while you do so.







          share|improve this answer












          share|improve this answer



          share|improve this answer










          answered yesterday









          F1Krazy

          3,805833




          3,805833








          • 3




            THIS IS WRONG. Songs are not treated like novels or other forms of writing. People have been successfully sued for single lines, or just using three distinctive notes of somebody else's song. See the links provided by user57423's answer. Writer's Digest is an authoritative source with a lawyer providing the answer.
            – Amadeus
            yesterday














          • 3




            THIS IS WRONG. Songs are not treated like novels or other forms of writing. People have been successfully sued for single lines, or just using three distinctive notes of somebody else's song. See the links provided by user57423's answer. Writer's Digest is an authoritative source with a lawyer providing the answer.
            – Amadeus
            yesterday








          3




          3




          THIS IS WRONG. Songs are not treated like novels or other forms of writing. People have been successfully sued for single lines, or just using three distinctive notes of somebody else's song. See the links provided by user57423's answer. Writer's Digest is an authoritative source with a lawyer providing the answer.
          – Amadeus
          yesterday




          THIS IS WRONG. Songs are not treated like novels or other forms of writing. People have been successfully sued for single lines, or just using three distinctive notes of somebody else's song. See the links provided by user57423's answer. Writer's Digest is an authoritative source with a lawyer providing the answer.
          – Amadeus
          yesterday










          user3473715 is a new contributor. Be nice, and check out our Code of Conduct.










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