Incorporating music into my WIP

HopelessDreamer · Mar 10, 2009

My WIP takes place in the near future (2012 or 2013, somewhere around there), but the majority of it is told by my three MCs in flashbacks to their high school and college days. In the flashbacks, they're heavily involved in their local music scene. They often discuss their favorite bands and reflect on the music of their childhood and teenage years. I'd really like to incorporate the names of bands and famous songs. I'm trying to make the tone heavily nostalgic, and music is a great way to convey this because it brings up memories of listening to those songs during times you can never revisit. There are some songs I can't even listen to without tearing up because of this factor.

However, I'm an unpublished, completely unknown author. I can't exactly call up Oasis and ask them if it's okay if I mention Champagne Supernova, and it's not like I'm buddy-buddy with Red Hot Chili Peppers. I've had to request permission to use songs in video classes in college, but of course the record companies never respond because they're not concerned with a nobody using that song. It would be so blatantly illegal for me to use such references without permission though. I'd feel horrible, and I highly doubt any literary agent would be interested in a MS with so many copyright violations. Basically, I have no idea how to approach this. Any suggestions?

Cybernaught · Mar 20, 2009

It's not copyright infringement if you reference a band or title of a song. Only when you copy lyrics do you need to get permission.

I have a story which is heavily based on music. Whenever the main character puts on a song, I'll say something like, "Mike drifted off to sleep with Pink Floyd's "Breathe" on repeat." I've never found an instance where this wasn't just as effective as quoting the lyrics.

Dave Veri · Mar 23, 2009

Songs in text

Good question. My WIP has lots of music, so I've thought about this plenty.
Like the writer just above, you can often mention a song and invoke the tone of it without quoting lyrics. In one case a character mis-quotes the lyrics so badly that they're not quoted at all. Another thing I do is to use stylistic references ("like" Time by Pink Floyd) but create my own lyrics. We are writers, after all. Have fun.

john barnes on toast · Jun 22, 2009

Mentioning band names and song titles would come under fair use.

I don't think you'd have a problem from a legal perspective.

Whether it's actually a good idea or not, is a whole other question though.

Priene · Jun 25, 2009

HopelessDreamer said:
I'm trying to make the tone heavily nostalgic, and music is a great way to convey this because it brings up memories of listening to those songs during times you can never revisit. There are some songs I can't even listen to without tearing up because of this factor.

Are you sure you're not confusing your nostalgic memories with those of your readers? Slade's Coz I Luv You makes me hopelessly sad, the Buzzcocks' Boredom makes me want to smash things up, and don't get me started on the Passions' I'm in love with a German filmstar.

I'm guessing those songs mean very little or nothing to you, though. They're just titles. You can't hear the music, and even if you could you wouldn't be summoning back my memories. If you namecheck a band or song, you should assume that it will mean absolutely nothing to your average reader. You're going to have to explain your characters' reactions anyway, and if they were fans of the local music scene, you might as well just make up some band and song names.

Doctor Shifty · Jul 19, 2009

I've referenced portion of a Bob Dylan song in my recent YA. The MC deliberately ms-quotes a few lines for his own purpose.

I googled up Dylan's copyright people, emailed them, told them how it was being used, and got permission for free. No problem. They asked that proper ascription be made, and they gave me the words they wanted, including the correct lyrics, for the back of the book.

I think you need to take notice of Priene's comment about how the emotional stuff does not always carry.

Kalyke · Jul 27, 2009

Basically, Dr. Shifty has the idea. You chase after the permission, and cite it correctly. Novels often have an acknowledgement section. Song lyrics are used all the time. Granted, if you are unpublished, these people might not give you the time of day, and sometimes they do want some money. You have to live with that. It is their property.

Incorporating music into my WIP

HopelessDreamer

Cybernaught

Decker

Dave Veri

john barnes on toast

Priene

Out to lunch

Doctor Shifty

Press Any Key

Kalyke