In many ways, copyright is the bane of our existence as writers. Copyright law exists to protect us, but it can also cause a few headaches for those of us who see the merit of sharing the words of others, without compromising their right to what they’ve written. Famous titles (I can’t give examples here for fear of infringing on someone’s copyright) and lyrics, quotations sources from other authors, indeed anything written by anyone is protected by copyright laws for the duration of a person’s life plus seventy years.

When writing my novels thematically based on Vivaldi’s “Four Seasons,” I quoted his poems which accompanied the four seasons of his music. No problem there; no need to receive permissions. Vivaldi’s only been dead for over 200 years. But when I considered quoting a contemporary song, perhaps having my main character singing along with the radio, I was presented with another dilemma. Could I? Or couldn’t I? And if I was determined to insert those lyrics, how could I do so legally?

Here’s what you need to know:

Copyright is automatic – as soon as something is written down, it’s considered copyright-protected. Now, that being said, proving copyright ownership may not be as easy as identifying the creator or the date.

Copyright is there to protect creators, to protect their expression of ideas in words or visual creations.

Copyright also protects the original works themselves as well as the creators.

Copyright laws do have exceptions. There’s always an if, and, and but to an issue and it all gets quite complicated. For example, names, titles, and short phrases/ expressions can’t be copyrighted. This means no one owns exclusive rights to a title, a person’s name (can you imagine if the name Jane or John were copyrighted?), a business name, a slogan, or a product description. Song lyrics, on the other hand, are copyrighted. And, some song titles, especially if the title uses a line from the lyrics, are copyrighted.

There is always that strong desire to incorporate a catchy sentence or lyric from someone else’s work. Some words of advice:

Don’t assume that if you’ve seen something quote online, it’s okay to use it in your work. Not everything on the internet is in the Public Domain.

Don’t assume crediting the creator is enough to protect you from copyright infringement. Simply attributing the source of the original words is not a substitute for actual permission to use it.

Don’t depend on a disclaimer to protect you from copyright infringement.

Don’t assume fair use doctrine will protect you from copyright infringement.

Don’t assume that because the author of the original work is dead his/her works are free to use.

It’s a slippery slope out there in the copyright world. The copyright exists for the entire length of time that the author/ creator is alive, plus seventy years.

So, what do you do if you want to quote someone’s writing? Reach out to the creator. If you can’t find them, reach out to the publisher or whomever manages his/ her works, or the estate if the creator is deceased. Don’t accept verbal permission; written permission is required to prove that you actually have the right to use this material. And, sad, but true, you may have to pay to use the material. Everyone wants their money.

In conclusion, to be on the safe side, only use sources from someone dead for a very long time – like Vivaldi. Fewer headaches for you as the author.