Music Lyrics Without Permission For Book Titles, Can It Be Done?”

What is there to stop a writer from using a title from an already published book on their own book? Can the words from a well known or even obscure song allowed to be used in a work of fiction? Authors are, at times, ignorant to the rules of copyright laws, some even “publish and be damned”. But do so at your peril! However the good news is, titles of published works like books are not the subject of copyright law. Can you picture it if that was the case, the law courts would be chock-full with writs being served left, right and centre!

A benefit to authors is that a novel/book title is not subject to copyright infringement laws. The only time you might find yourself coming unstuck is if you mesh in a branding name with the title. Sort of like if it is part of a series like the “Whatever it is for Dummies” series then you are not allowed by law to pass your work off as being connected to that series. It is called “passing off as”. So do be warned, and remember a company called “Massage R Us”. In a “David and Goliath” story they were soon hauled over the coals and had to rapidly change the name to something else when “Toys R Us” slapped an injunction on them.

Anyone thinking of using in-style lyrics had better watch out, as they are walking on thin ice! Any unauthorised reprinting or publishing of song lyrics is not looked upon favourably by the fraternity of musicians and soundtrack studios. Oh, and the courts!

Novelist George Korankye is the perfect example of how one must go about seeking permission for the use of song titles for books. The’72 song “I Can See Clearly Now the Rain is Gone” by Johnny Nash appealed to George, so much so that he researched the copyright holder’s details and penned a letter to them asking for permission to use it on his new novel. Luckily for George he had a swift response, but in some cases there can be lengthy delay. So do be sure to take this into account when planning the release date of your book. Often you may get passed over from one to another, and there can be lengthy delays, leaving you, the author, in a halfway house situation.

There are successful books out there with titles from song lyrics. The first example that swoops to mind is “I Can See Clearly Now the Rain is Gone”. Just take a look at some of the books with song lyrics as their title, how did they go about obtaining permission, Indeed, did they even bother to obtain permission? There could be a hefty claim for damages if they did not! Other books with song titles are: “Simply the Best”, “Moon Shadow” and “Many a Tear Has to Fall”.

After successfully securing permission for the use of the title “I Can See Clearly Now the Rain is Gone” from Johnny Nash’s 70s hit song, that is when it could legally be applied to the book y George Korankye. An obvious note of interest is that if permission was not secured then it may not have taken long before Warner Chappell Music slapped an injunction on the book. So do be warned. Although the work of fiction has many instances of song titles and some snippets of song lyrics within the characters’ dialogue within it, no permission is required for this as it is called “fair use” under publishing law.

Music features heavily in the Dunblane adaptation novel. George Korankye specifically applied the title “I Can See Clearly Now the Rain is Gone” to his first time novel for the reason that it represented hope from the depths of despair that the Dunblane tragedy had brought to the townsfolk when 16 children and their teacher were murdered by a crazed gunman. The lyrics of the song are that of faith and bravery for those who have encountered tribulation in their lives. It is meant to pave the road of hell with hope. The Dunblane catastrophe and the song lyrics interconnect in a way that mere words could not describe. Anyone listening to the song after reading the novel may well feel an affinity with it.

Born on August’,'40, in Houston, Texas, the African-American pop singer-songwriter and megastar Johnny Nash (John Lester Nash, Jr.) is better known for his unpredicted’72 comeback hit song, “I Can See Clearly Now”. He also, as history will show, holds the accolade of being the first non-Jamaican to record reggae music in Jamaica’s capital city, Kingston.

Nash began as a pop singer in the’50s, enjoying success as an actor early in his career appearing in the screen version of playwright Louis S. Peterson’s “Take a Giant Step”. Nash won a Silver Sail Award for his performance from the Locarno International Film Festival.

Johnny Nash conquered Jamaica when he had numerous hits there, and he planned on breaking the stronghold of the rocksteady sound, the forerunner of reggae. Nash’s involvement with Jamaican reggae music came about when he was introduced to the country in’68, as his girlfriend had family ties over there.

“I Can See Clearly Now the Rain is Gone” has had numerous cover versions, one by Jimmy Cliff went to number’ in the US in’94. His version was in the John Candy movie “Cool Runnings”, about the Jamaican bobsled team.

Selling seven million records, “I Can See Clearly Now the Rain is Gone” shot to the number one spot and brought the long awaited acclaim sought by Nash, who long lived in the shadow of Bob Marley. Now he stamped his mark with his own style. Now nearly 40 years on from when Johnny recorded “I Can See Clearly Now the Rain is Gone”, it certainly shows the depth and strength such a song has for it to be used in the title of the George Korankye novel, which is about overcoming tragedy. So remember, check out the legal status of song lyrics, or you might find you are published and damned!

Radiographer turned novelist George Korankye penned his first novel, bestowing upon it Johnny Nash’s “I Can See Clearly Now the Rain Is Gone”“. Korankye successfully obtained permission from Johnny Nash to go ahead and use the song title for his book. Always seek to secure permission when it comes to using lyrics from songs, as it goes a long way in shieldingyou from litigation.

Published by: Jane West on November 12th, 2009 | Filed under Copyright Law



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