Monday, May 11, 2009

Are there royalty fees for using brand names or song lyrics in books?

If i wanted to publish a book, would i be able to use Hershey Kisses and "Me Against The World" by Simple Plan without getting fined by the band and company?

Are there royalty fees for using brand names or song lyrics in books?
I really hate it when people post incorrect information.





Brand names - no assuming you aren't using them in a slanderous or libelous manner. If it is a common product, you can mention the name but not demean it in any way. You could also just say "chocolate kisses".





If the book is being published by a traditional publisher, the copyeditor who reads it will go through and look for issues like this. If they sense a problem, they will ship it over to Legal who will check it out. A publisher is not going to take a chance on a lawsuit. If you self publish it, you are on your own and can be sued because nobody will check content for you.





Song lyrics are a completely different matter. The answer in short is a big NO. Song lyrics are copyrighted. You would have to contact ASCAP or BMI whichever organization has that song and request use of it. Then they would write you back and discuss the usage. If they approve it, you would have to send the author a big fat check.





The way around it is to simply say "He was humming Me Against the World" in her ear or however you are using it. Then you just depend on the fact that your readers know the song and can picture the lyrics in their minds. Song titles cannot be copyrighted and therefore can be used.





If the song was written before 1923, it is in the public domain and can be used. There are lists you can check to see if the song lyrics are free to use. But trust me they are very old songs.





I tried to get the rights to a song for one of my books and decided NO WAY I was paying all that money for a couple of lines of lyrics. It was astronomical. Just work around it.





Hope that helps.





Pax-C
Reply:Assuming your book is a novel or similar, you shouldn't have a problem, depending on how you're using them. as long as don't claim their own artistic intent as your own.





Copyright really doesn't apply to art imitating art, or art imitating life.





Regardless, if your book is being published, it will be edited by the publisher, who will use a professional to do this. If there are any infringements they will let you now what they are, and how to rectify them.
Reply:dont know...





try contacting them directly. or go to copyright.com


and see wether you can.

speed ice skates

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