Soundtracks for Novels: legal issues? - Page 4


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Thread: Soundtracks for Novels: legal issues?

  1. #31
    Beta Reader Princesisto's Avatar
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    Quote Originally Posted by Aquilo View Post
    I've been an editor for 8 years with publishing companies.


    Wanna see some books and stories . . . ?

    And your real name's Jack too, like me? OMG!

    I'm sorry, I really wasn't trying to lecture you. I was trying to reassure some other members who don't have that level of experience while also trying to make them cautious and aware of the complicated issue.

    On that issue as you defined it, I think it is quite clear that you can put other author's titles on your website so long as you don't make people think that those other authors are endorsing you, your website or your book when they aren't. You cannot put other people's lyrics, in a way that identifies them as the lyrics of another person's song (e.g. as above: you cannot use "I got cat class and I got cat style" but you can write your own "[my cat's] got a touch of class and she won't take that"), on your website, in your book/story or in any other public place. Whether the website is commercial or not is immaterial except perhaps on the amount of damages payable.

    That is, as I understand it anyway.
    Last edited by Princesisto; September 21st, 2019 at 12:57 AM.

  2. #32
    Quote Originally Posted by Princesisto View Post


    Wanna see some books and stories . . . ?

    And your real name's Jack too, like me? OMG!

    I'm sorry, I really wasn't trying to lecture you. I was trying to reassure some other members who don't have that level of experience while also trying to make them cautious and aware of the complicated issue.

    On that issue as you defined it, I think it is quite clear that you can put other author's titles on your website so long as you don't make people think that those other authors are endorsing you, your website or your book when they aren't. You cannot put other people's lyrics, in a way that identifies them as the lyrics of another person's song (e.g. as above: you cannot use "I got cat class and I got class style" but you can write your own "[my cat's] got a touch of class and she won't take that"), on your website, in your book/story or in any other public place. Whether the website is commercial or not is immaterial except perhaps on the amount of damages payable.

    That is, as I understand it anyway.
    Lol, yep, I'm a Jack like you. A female one,which causes some issues lol. But my Dad always did have a sense of humour.

    And lord, no! You're not lecturing: you're right in saying you're helping! I think it's more just frustration coming through on my part because I can't find a legal answer to this one. I see so many authors do it on their websites and I'm always left wincing, especially when they put lyrics from songs on their website and tie it to their work. They wouldn't use lyrics in their novel without permission, so why do it on their website, sort of thing.
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  3. #33
    Beta Reader Princesisto's Avatar
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    @Aquilo, my friend:

    Even with a PhD in a law-related subject of social science, I know that what is in the law and what is in practice are two different things: like what "should" be done and what "is" done in daily life.

    If you ever go to Asia or Africa and see how much in different worlds "law" and "reality" are, you will come back to the internet and never see any problem with people pinching lyrics on their websites again. In one publication, 35 years ago, I wrote about law in developing countries being "fantasy law". It's true in developed countries too but the difference is linear rather than exponential.

    It's like I told the other poster: "should" you use other people's lyrics on your website without permission? No. "Can" you use other people's lyrics on your website without permission? Obviously, yes. It comes down to the Eastwood theorem: "Do ya feel lucky?".

    What is the difference between what they do in their novels and what they do on their websites? A publisher who, like an inverted Kodi Lee, can say "Heck, nah!" about what he will publish in their novel. And when a publisher hears the word "copyright", as my main character, in her Manc-Scots patois said, "he pishes his kecks." Publishers never feel lucky.

    Until they use YOUR lyrics on their websites without permission, don't worry about it. Chill out, Jack. If that happens you can pop 'round to the solicitor's office and see if it's worth your time and money going to the High Court about it.

    "Real" advice! Word!
    Last edited by Princesisto; September 21st, 2019 at 12:54 AM.

  4. #34
    Quote Originally Posted by Princesisto View Post
    If you ever go to Asia or Africa and see how much in different worlds "law" and "reality" are, you will come back to the internet and never see any problem with people pinching lyrics on their websites again. In one publication, 35 years ago, I wrote about law in developing countries being "fantasy law". It's true in developed countries too but the difference is linear rather than exponential.
    Oh lord... if it's law and politics on a grand scale, with the people who play bible and Social Contract with them, picking... choosing... going on genocide sprees and lining pockets to the theme of extremist bible picking and choosing, then yes -- this falls to the wayside!

    It's like I told the other poster: "should" you use other people's lyrics on your website without permission? No. "Can" you use other people's lyrics on your website without permission? Obviously, yes. It comes down to the Eastwood theorem: "Do ya feel lucky?".
    Lol, nope. I don't. Sod's law I'd be the one to get the bullet, or more forget 'Russian roulette, load the full clip....' in my direction.

    What is the difference between what they do in their novels and what they do on their websites? A publisher who, like an inverted Kodi Lee, can say "Heck, nah!" about what he will publish in their novel. And when a publisher hears the word "copyright", as my main character, in her Manc-Scots patois said, "he pishes his kecks." Publishers never feel lucky.
    Definitely. But better safe than... left crying up in the corner with no money!

    Until they use YOUR lyrics on their websites without permission, don't worry about it. Chill out, Jack. If that happens you can pop 'round to the solicitor's office and see if it's worth your time and money going to the High Court about it.
    The majority won't have the cash to, which is why publishers manage to run away with royalties and offer contracts that offer no fair termination rights for authors if the publisher falls behind on producing the work on time. If anything needed regulating better for rights and fair pay, it's trade publishing.

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  5. #35
    Beta Reader Princesisto's Avatar
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    @Aquilo Speak to your MP about a job regulating. On this new issue you raise, I have always said what the writers need is a strong, tough cooperative like the New Zealand farmers used to have, that took them from most exploited to richest in the country. P

  6. #36
    Quote Originally Posted by Princesisto View Post
    @Aquilo Speak to your MP about a job regulating. On this new issue you raise, I have always said what the writers need is a strong, tough cooperative like the New Zealand farmers used to have, that took them from most exploited to richest in the country. P
    I honestly don't know if it would do any good. For instance, I'm UK and my publisher was US. Contracts state any court proceedings etc have to be in the state named on the contract, which is usually the US. So even when it comes to IP issues, I have to talk to an IP lawyer from that state and country (US). Don't even get me started on ITIN issues...
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