Hi, In my screenplay I want to use a line from a song. My question is if I can get sued for using it. I'm not going to name the song or the band in the screenplay.
Thanks
BWC
Thanks
BWC
Using a Song Line
- Thread starter BrownwriterChi
- Start date
It depends on the specific line, how it relates to the story and how recognizable it is. I would suggest consulting an entertainment lawyer.
Yes, you can get sued. Lucky's respond is more along the lines of will the plaintiff win. Will you get sued? It depends.
Lyrics are protected by copyright. I take you you chose those particular lyrics because they were identifiable.
If you intend on submitting this work for festivals, or publishing it in any way (ie. internet), then it's in your best interest to obtain permission.
The problem is not that you can be sued, the problem is that if you are, the first course of order will be a cease and desist which means you will have to cut the scene if you want to save the movie.
Lyrics are protected by copyright. I take you you chose those particular lyrics because they were identifiable.
If you intend on submitting this work for festivals, or publishing it in any way (ie. internet), then it's in your best interest to obtain permission.
The problem is not that you can be sued, the problem is that if you are, the first course of order will be a cease and desist which means you will have to cut the scene if you want to save the movie.
Depends. If you use a Disney song: "Can you feel the love tonight?", you might as well file for bankruptcy now. If you use "My Achy Tummy" by the Brake Fluid Drinkers, you may be okay.
Good luck!
Good luck!
I got some pretty good answers, when I asked the same question. I think you're safe.
http://www.indietalk.com/showthread.php?t=24091
http://www.indietalk.com/showthread.php?t=24091
DeJager is correct.
Those six words, in order, (Can you feel the love tonight) cannot
be copyrighted. The song is, but those six words in that order are
not. So any line from any song is fair use.
gpforet is correct.
You can be sued for anything. Your question is will you lose a law
suit. Which brings me to Lucky’s post - it depends.
How is it used? Will your use cause confusion in the marketplace?
Will your use insult or defame the original creator? Will a
reasonable person believe your created the lyric by its use? All
questions a lawyer will ask.
In general you can use any line from any song in your screenplay
unless a trademark has been filed. Off the top of my head I cannot
think of any song lyric that has been trademarked.
Those six words, in order, (Can you feel the love tonight) cannot
be copyrighted. The song is, but those six words in that order are
not. So any line from any song is fair use.
gpforet is correct.
You can be sued for anything. Your question is will you lose a law
suit. Which brings me to Lucky’s post - it depends.
How is it used? Will your use cause confusion in the marketplace?
Will your use insult or defame the original creator? Will a
reasonable person believe your created the lyric by its use? All
questions a lawyer will ask.
In general you can use any line from any song in your screenplay
unless a trademark has been filed. Off the top of my head I cannot
think of any song lyric that has been trademarked.
You can have dialogue in a movie that states, "Can you feel the love tonight?"
The only time you'd run into a problem is if you re-published the disney song in its entirety in your film. A short sentence is not even evidence to prove that you are using any one song's lyrics.
We do not know what the OP plans to do with it. If it is a movie about lions and emmy-winning singers, he could find himself in do-do.
The point is, even if one is legally correct, one still cannot afford to defend themselves in court against Disney attorneys. It would be wise to make it difficult as possible to get sued in the first place.
Its not that difficult to come up with an original line instead of borrowing (or stealing) from someone else.
Lord knows we more originality in our films, right?
Perhaps so, but many a movie producer has ended up in court for the nuttiest of nutty reasons. Likely tens of thousands of movies are sitting unseen on shelves as a result of legal issues. Your mileage may vary!
You seem a little paranoid, Guerrilla.
That collection of six words, in that order, cannot
be copyrighted - even if used in a movie with lions
and Emmy winning singers. No real reason to be
so cautious. If that phrase is sung to the same tune
there may be an issue, but the question is can the
words of a song be said out loud in a movie. And
that answer is yes.
Copyright protection is not so absolute that people
own lyrics and phrases forever.
That collection of six words, in that order, cannot
be copyrighted - even if used in a movie with lions
and Emmy winning singers. No real reason to be
so cautious. If that phrase is sung to the same tune
there may be an issue, but the question is can the
words of a song be said out loud in a movie. And
that answer is yes.
Copyright protection is not so absolute that people
own lyrics and phrases forever.
What may be paranoid to you may be a piece of mind to others. At any rate, the OP has heard enough from us to make an informed decision to match his/her comfort level.
I suppose I have a rule I follow -- be daring, but stay out of court.
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