Soundtracks for Novels: legal issues? - Page 4


Page 4 of 4 FirstFirst 1234
Results 31 to 37 of 37

Thread: Soundtracks for Novels: legal issues?

  1. #31
    Beta Reader Princesisto's Avatar
    Join Date
    Jul 2019
    Location
    Bangladesh for now.
    Posts
    145
    Blog Entries
    10
    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.
    "You don't wanna ride the bus like this,"

    Mike Posner.



  3. #33
    Beta Reader Princesisto's Avatar
    Join Date
    Jul 2019
    Location
    Bangladesh for now.
    Posts
    145
    Blog Entries
    10
    @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.

    Wanna job?
    "You don't wanna ride the bus like this,"

    Mike Posner.



  5. #35
    Beta Reader Princesisto's Avatar
    Join Date
    Jul 2019
    Location
    Bangladesh for now.
    Posts
    145
    Blog Entries
    10
    @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...
    "You don't wanna ride the bus like this,"

    Mike Posner.



  7. #37
    Was hoping someone might clarify this issue for me: Is it bad to mention a title and artist within a work?

    Mostly because I think it might tickle Aquilo's fancy: MC's in a room with two former exotic dancers, one of whom he knows uses dancing as an avenue for self-expression and coping. Said character was feeling understandably overwhelmed and invoked "mystical-fucking-jazz-hands" ("mystical jazz hands" is his word for anything science/he can't explain). Then the MC started calling out other dance moves to egg this guy on--culminating in "VOGUE!" To his surprise, both of these men know that one. Later, the MC's wife asks "What's up with the Madonna?" Titled that chapter "Rhythm Is a Dancer" which should be fine 'cause it's a title (and fit so well!).

    What was even more fascinating to me is that the one dancer uses dancing as a coping mechanism, but the other found dancing to be a source of personal anguish--and so they helped each other out in terms of coping with stress and redeeming the art of dance itself. The especially funny/frustrating thing is that I keep sitting down to write a sex scene so I can move on with the bloody plot... and the characters keep doing this "development" thing instead.
    "Ammonia will disinfect sin."
    --adrianhayter

    "Art is life, just add bull****."
    --Chris Miller

Page 4 of 4 FirstFirst 1234

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
This website uses cookies
We use cookies to store session information to facilitate remembering your login information, to allow you to save website preferences, to personalise content and ads, to provide social media features and to analyse our traffic. We also share information about your use of our site with our social media, advertising and analytics partners.