In which Sky might be inspired again. Who knows~

[cerulean_sky]

Is there some sort of a protocol for writing a story based on a song? Is it a copyright violation in any way? Or is it not if you don't use specfic lines from the song in the story? I do this a lot--music is such a heavy influence in my writing--so I figured I might as well ask.

Comments

[notadoor.livejournal.com]

If you quote a line,you need to pay em (and usually it's really expensive.)

I think other than that you're ok.

[kihou.livejournal.com]

If you're quoting just a line, you're probably OK under Fair Use. A movie just won the right to use a 15 second clip of a song without paying royalties under Fair Use. (http://blog.wired.com/27bstroke6/2008/06/ono-loses-bid-t.html) Erring on the side of caution tends to be a good policy, though.

[cerulean-sky.livejournal.com]

But if I'm just using the same basic plot line, I'm probably ok, right?

[kihou.livejournal.com]

Probably, but if you're close enough to the song that it's very blatant, and you're not adding much yourself, you could theoretically be infringing, but basing a story on a song is probably OK.

[lskull86.livejournal.com]

could be counted as an unauthorized derivative work in theory... in practice, most songs dont exactly have original enough plots to claim exclusive use of the IP, and even then fair use would be an acceptable defense for most types of work AFAIK

(IANAL of course)

[kihou.livejournal.com]

For songs that tell a clear narrative that's pretty unique, there's a bit more risk, but most songs don't really do that.

[lskull86.livejournal.com]

yah, fair use should pretty much cover it assuming you just use a small portion of the song

[(Anonymous)]

Fair use would cover you. This would be a "derivative work".

Any direct quotations would require attribution. Compensation is determined by the owner of the rights of the original work.

Of course if the song is based on a real event and then you base the story on the song, you are basing it on the real event and facts are public domain.

[(Anonymous)]

scratch the phrasing. If it is a derivative work it is not covered. It is a transformative work -- which is kinda like derivative -- that is covered. That is to say if you transform it -- which changing its medium and expanding it is -- your covered. If it were a one-to-one translating -- that is lyrics to prose -- you could have a case for it being covered.

The key here is that if you dont make money off of it, nobody will sue you, anyway.

[cerulean-sky.livejournal.com]

It's not particularly helpful if you answer with essentially the same thing that other people have already said.

And if you're going to be a fixture on my livejournal, at least have the decency to sign your comments. Unless you know you're someone I don't want to associate with, in which case please have the decency to respect my wishes and leave me alone.