I thought I’d write about an issue that a new writer may not think about: permission. Let’s say you find the perfect line for your character to quote to her beloved, or there’s a song lyric you have always loved that would be the perfect epigram to your new novel. Well, think twice before you get your heart set on it. Everything that is quoted, no matter how old, how much a part of the language it has become, needs to be considered for permission. Getting that permission is the responsibility of the writer, not the publisher, and that often means not only the paperwork, but also the payment.
For example, in “Tangled Roots,” John loved the Doors and often had old Doors’ songs roaming through his brain. It worked well in the text. But getting permission from the estate of Jim Morrison took some doing. First, I had to find the song publisher, then they had to ask the estate, then they asked for money which I decided to pay. The process took a few months. When I was writing the book, I had no idea that such permission would be necessary, nor that it would take so much to get it. Maybe I should have known but I didn’t and I bet that there are many new novelists out there who also don’t know.
Now picture the calendar pages fluttering away in the breeze and you find me writing novel number two, “A Clash of Innocents.” I knew not to use quotations in the text. Anything that seems like a quotation I actually made up myself, But there is a wonderful quotation from e.e. cummings’ novel, “Eimi,” that I fell in love with and decided I wanted to use as the epigram to the book. I tried not to love it, but you know how love is….so this past week I found myself in correspondence with W.W. Norton and Company, the original publishers of the book and the guardian of his estate. They actually were lovely to deal with. They have been reasonable, efficient, and surprisingly inexpensive. So I’ll be able to keep my beloved quote in the front page of the book. And to be honest, it was quite a kick receiving emails from them, as you might imagine. Luckily, not a bad result this time.
At the same time, we at CurvingRoad are beginning preparations for our next production in June, and one of our plays, “Dig,” requires a gun and blood. Of course, we have to get permission. So we are now discussing it with the council in which our theatre resides. How many shots will be used? What sort of gun? How much blood? We’ll be granted the permission, I’m sure. But it is a palaver going through the process of getting it.
So the moral? Well, the usual one, I suppose. Do what you want, just be aware of the consequences.
Very interesting stuff, and something it is easy to overlook.
Sue, it’s a complicated business, because there is the whole aspect of fair dealing. To quote a document I have on the subject:
‘Because of an agreement between the Society of Authors and Publishers Association, extracts not exceeding certain limits may be quoted without permission, provided that acknowledgement to title and author (but not publisher) is made. The limits under fair dealing are:
* 400 words (as one extract) from one book
* 800 words (as various extracts) from one book, provided no extract exceeds 300 words
* less than 1/3 of an article from a newspaper, journal or magazine
* less than 1/4 of a poem.’
Fair dealing does not apply to song lyrics, music, material in anthologies, material that has been adopted from the original and where the extract is complete in itself.
So it’s true you do need permission for the lyrics, and possibly the poem (depending how much you used), but not everything.
Good point. I knew a bit about this from previous work as an editor, but it’s always useful to be reminded. And just think: one day someone will be asking you for permission! Bet that’ll feel good.
Helen: Yes, I do think it’s one of those things worth keeping in the back of your mind when you work.
Queenie: Ha! Now that’s a fantasy worth holding on to!
Brian: Thanks so much for this. Interesting though, because my quote is less than 400 words but the cummings estate were very definite about getting the permission. My publisher had said they were notoriously tricky to deal with even though I had no problem. But maybe this is why – msybe they don’t agree to the SofA+P’a agreement.
Interesting post, and very valuable for new writers to see. I knew about the quotes thing – Salt didn’t want to publish a flash as it was woven round song lyrics, and I realised then that I was in for squillions if I wanted to publish. So I didn’t.
But guns on stage?! Do you need permission for a fake to be used on stage! and stage effects like blood? wow.
Hi Sue ~
Great post!
Copyright law in the U.S. is ridiculously complicated. As I’m sure you learned, there are unique rules when dealing with the music industry.
A good copyright lawyer can tease the arguments out of both sides of the issue. I may not do what she says, but I would always seek her advice first.
Equally important are taking the necessary steps toward shaping my own copyright boundaries. A whole new kettle of fish, so to speak.
Interesting post and something that I had never even thought of!!
I’m looking forward to the play…I think Chris and I are going to come to the opening night 🙂
C x
(Should we buy tickets in advance and if so where?)
Oh Lord. I think I’d better get my red pen out again.
Vanessa: How frustrating not to be able to publish something you’ve written. I tell you, it’s always best to make the stuff up if you can get away with it.
Mare: Thanks for dropping by. Yes, copyright law is a huge issue and one I’m just starting to get my head around. And the fact that UK and US laws differ only makes it that much harder. But thanks for bringing it up. It is so pertinent and I guess the fact that I didn’t think to mention it in this posting shows my head isn’t around the issue quite as much as I think!
Carol: Yes, please come. Whenever works for you. the “first night” on the 8th is the preview but things shouldn’t change much after that so don’t worry about coming too soon. The 10th is press night — always good to sprinkle that audience with friendly faces! But come whenever. You need to book via The Old Red Lion box office: 020 7837 7816 Box Office
http://www.oldredliontheatre.co.uk
And let me know when you’ll be there!!
This is important not only for new writers for everyone- I didn’t know this at all. I don’t use quotes normally in my books but in the English textbook we used bits and pieces form all over. I asked my publisher and he said he’d sort it all out. I hope he does. I think I must ask him to put that in writing. 🙁
JJ: Yep. It is worth remembering. I think it’s still ok to use quotes, just you have to think about how necessary it is vs the hassle it might cause.
Lauri: Watch out though. In the UK at least, the responsibility rests with the author and publishers assume the authors sort it out, not them….