Is anyone here familiar with literary copyrights? I wrote a song that is so closely related to a novel I read that it is essentially a musical version of the book...right down to names of characters. I wonder if I would have to get the author's permission if I ever wanted to record it. My gut is telling me that it is copyright infringement, but I haven't researched the issue thoroughly. I know I could always change the song a bit to get around it, but I'm just curious to know if anyone has any experience with this sort of thing.
My first guess is that it's no problem. The most important part of "copyright" is "copy". Inference, derivation, and satire are all permitted, although it is proper to indicate where your inspiration came from.
I remember the flap over George Harrison "copying" the melody from some other song, and being sued for it. This was many years ago, and was generally considered a ludicrous situation, as who can copyright a I-IV-V?
So put a "Thanks to Shakespeare for inspiring this song" on the bottom of a written copy of your lyrics, and carry on.
Of course, I could be wrong, but I hope not.
-Laz
I have a suspicion that if you use the names of characters and theme your song around the plot of the book, you'll end up being sued for copyright infringement.
Do you think that if someone wrote a song about Bilbo and Frodo Baggins and a magic ring, that you wouldn't get sued?
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If you're not specifically referring to Bilbo, Frodo or the ring, you should be ok, although parts of Led Zep 4 are openly written around Lord Of The Rings ("Misty Mountain Hop") and the artwork in the sleeve is almost plagiaristic and I don't recall seeing Tolkein credited anywhere.
Best,
A :-)
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Under US copyright laws as long as it is from a book you are OK as long as you add "inspired by etc." to the package. However, I don't think you will ever be able to copyright your song so effectively it becomes public domain. If you are seriously thinking of selling it I would check with a copyright attorney.
The OP says that he names characters from the book, in his song. If, in addition, the plot is unique (or at least, immediately identifiable), I think he will be seen to be in breach of copyright.
Thanks for all the replies. I expected the mixed opinions and would definitely get an attorney (or change the lyrics) if I was ever serious about recording it and selling it. As it is now, this is just a hobby.
Thanks again.
Todd
I remember Iron Maiden had to change the name of one of their songs from "dune" to "To Tame A Land," so there must be some law regarding naming the song, if thats any help.
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My first guess is that it's no problem. The most important part of "copyright" is "copy". Inference, derivation, and satire are all permitted, although it is proper to indicate where your inspiration came from.
I remember the flap over George Harrison "copying" the melody from some other song, and being sued for it. This was many years ago, and was generally considered a ludicrous situation, as who can copyright a I-IV-V?
So put a "Thanks to Shakespeare for inspiring this song" on the bottom of a written copy of your lyrics, and carry on.
Of course, I could be wrong, but I hope not.
-Laz
I think it was the actual melody. There was something about it in borrowing chord progressions from other artists about it in GWA. From what I infer, he took the progression, and tried to come up with a melody, but I guess what probably might have happened is that hearing the same progression inspired him to make the same melody. Since the text behind it pretty much a warning that if you borrow a chord progression make sure to not also "borrow" the mleody, and gives the Harrison story as an example.
Actually, the George Harrison thing was not ridiculous, he lost, and the amount owed has still not been determined well enough, you can find the details in this column I wrote a while back: https://www.guitarnoise.com/article.php?id=107
As for your particular case: get the author's blessing or else... get ready to be sued. Characters, as an intricate part of the plot, belong to the author. Which is why you will sometimes see a sequel to a movie which says something like "based on characters created by..." The person who created them still gets paid even with such a notice. Basically, you're expanding on his work.
If the author is someone famous who makes millions, he won't bother with you. However, if that's not the case, he might be very interested.
Bjorn Lynne has done many albums based on Science Fiction: https://www.guitarnoise.com/article.php?id=148
Bjorn has worked with the author to do his albums. I did this interview a few years ago, so some of the details escape me, but it should give you a bit of help there.
Anyway, as I said, if the author is famous, change the names of the characters, a few details here and there and no one will be the wiser. If you've ever read Philip José Farmer's "World of Tiers" series, you'd be quite surprised to find out it was one of the main influences (if not the main influence) for Dungeons and Dragons.
