: Who pays for lyrics or quotes? Occasionally, novels will include song lyrics in the story, or start out chapters with songs or quotes. In many cases, these lyrics or quotes are from copyrighted
Occasionally, novels will include song lyrics in the story, or start out chapters with songs or quotes. In many cases, these lyrics or quotes are from copyrighted materials and would presumably require royalties be paid to the original author.
Does the publisher typically negotiate the purchase of these rights, or is it the responsibility of the author? Who actually pays the necessary fees?
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@XinRu607
Song lyrics and poetry can be a problem. In fiction publishing, most houses will require you to get permission to quote even as little as a single line from a copyrighted popular song or from a well-known poem that's still in copyright, because many copyright owners are extremely litigious and the legal precedents on whether a single line is "fair use" are not as clear as publishers would prefer.
That said, many copyright holders are happy to let you use a line or two, if you can manage to track them down.
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@Sims2267584
Quotes from real people and books are generally considered fair use so they can be used without paying anyone. Song lyrics and poems are a gray area. Some people will tell you you can use portions of song lyrics - a line or two - but others will say you can't use any without permission.
If you're not using the whole song, you'd probably be able to get permission to use it without paying anything. It'd be free publicity to the owner of the lyrics - most likely the record company. If you're using the entire song, that's completely different and you might be require to pay for permission to use them. How much and whether it's a flat fee or royalties will depend on how it's negotiated.
Unless you're a NYT Bestselling author and the publishing house really really wants you, the author will have to pay this out. Publishing houses aren't going to cut into their own profits unless they really have to.
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