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Topic ClosedCould someone be sued for book-inspired song?
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StarsongAgeless View Drop Down
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Points: 176 		Direct Link To This Post Topic: Could someone be sued for book-inspired song?
    Posted: May 11 2007 at 12:24
I've been wondering about this for a while now.  I realize there are many bands that create music based on Tolkein, but Tolkein is dead.  What if the author is alive, and still writing?  Could I potentially get sued for writing a song inspired by such a person's book or short story?  Do I need to get permission in writing from the author and/or pay them royalties?

Even if anyone knows of a website with good answers to these questions, I'd be grateful for a link!

EDIT:  I changed the thread title a bit to appease the grammar-gods...

And to clarify:

Could someone be lawfully sued for book-inspired song?  Considering some of the ridiculous lawsuits I've heard about, I'm sure just about anything is possible... but would someone bringing such a lawsuit actually have a case?


Edited by StarsongAgeless - May 17 2007 at 13:53
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MikeEnRegalia View Drop Down
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Points: 20527 		Direct Link To This Post Posted: May 11 2007 at 12:26
^ even if an author is dead his/her work is still protected by copyright ... it varies from country to country, but usually it lasts as long as 70 years after the artist's death.
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Points: 7456 		Direct Link To This Post Posted: May 11 2007 at 12:40
Camel grudgingly got permission from Paul Gallico to record the Snow Goose.

The reason that he nearly refused permission was because of the Mirage sleeve was very similar to the Camel cigarette box.Gallico was a vehement anti-smoker.

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StarsongAgeless View Drop Down
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Points: 176 		Direct Link To This Post Posted: May 11 2007 at 13:03
Originally posted by Man Erg Man Erg wrote:

Camel grudgingly got permission from Paul Gallico to record the Snow Goose.

The reason that he nearly refused permission was because of the Mirage sleeve was very similar to the Camel cigarette box.Gallico was a vehement anti-smoker.


Aaah.  Interesting...

Originally posted by MikeEnRegalia MikeEnRegalia wrote:

^ even if an author is dead his/her work is still protected by copyright ... it varies from country to country, but usually it lasts as long as 70 years after the artist's death.


Yes, I do realize this... but does that mean all the bands who are writing Tolkein music are paying someone or getting permission to do it beforehand?    Could whoever owns the copyright now potentially bring a lawsuit against any of these people?

You see, I'm worried that for example, if I ask for permission and the author says no, well what the heck do I do then?  I suppose I'd have to completely change the lyrics?
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StyLaZyn View Drop Down
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Points: 4079 		Direct Link To This Post Posted: May 11 2007 at 13:16

I would say if the lyrics are not a blatant ripoff, a simple nod of acknowledgement for inspiration would suffice. Of course, I assume much here.
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MikeEnRegalia View Drop Down
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Points: 20527 		Direct Link To This Post Posted: May 11 2007 at 13:29
" Yes, I do realize this... but does that mean all the bands who are writing Tolkein music are paying someone or getting permission to do it beforehand?    Could whoever owns the copyright now potentially bring a lawsuit against any of these people?"

Of course you can base your lyrics on a book without infringing copyright ... I'm sure that Marillion don't pay royalties to the Tolkien heirs just because they based their name on one the name of one of his books. But when you quote passages from the book you could infringe copyright, for example.
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Points: 5502 		Direct Link To This Post Posted: May 12 2007 at 00:15
You can steel whatever you want as long as you don't excagerate, but even than it's hard to make a case, since basically everything is the same story.
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StarsongAgeless View Drop Down
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Points: 176 		Direct Link To This Post Posted: May 17 2007 at 12:59
Originally posted by MikeEnRegalia MikeEnRegalia wrote:


Of course you can base your lyrics on a book without infringing copyright ... I'm sure that Marillion don't pay royalties to the Tolkien heirs just because they based their name on one the name of one of his books. But when you quote passages from the book you could infringe copyright, for example.


Ah I see... I guess the difference is making something new that is inspired by something Vs. trying to pass off their work as if it were mine (which would be plaigerism) ?   I know in the U.S. there is a 'fair use' clause that protects at least parody, I just don't know the full extent of it.
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cuncuna View Drop Down
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Points: 4318 		Direct Link To This Post Posted: May 17 2007 at 13:00
I don't write songs, so I guess not.
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StarsongAgeless View Drop Down
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Points: 176 		Direct Link To This Post Posted: May 22 2007 at 02:59
Well I avoided the whole thing by just asking permission beforehand, and I got it.  But I do think this is a valid question... I sure don't actually know the answer.
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