"Untangling The Baffling Law Of Copyright For The Use Of Song Lyrics In Book Titles"

By Jane West

Can a writer use a title from an in print or out of print book for a new book? Then there's the question of the use of lyrics from songs, can they be used in the title of a book or even used in the book's content? It's not surprising that quite a few authors are uncertain about lawful use and what is believed to be copyright infringement, particularly when it comes to using the original works of others. Think, what if book title was subject to copyright? The law courts would be jammed to the rafters with criminal lawsuits. As breaching copyright is actually a criminal offence!

So it is a welcome relief for authors and publishers wanting to use the title of another book that the title of a book is not the subject of copyright law. However, if the title is part of a name branding series like, for instance, the "Big Planet" series then you cannot pass your work off with that as part of the title. For example, "Big Planet Song Lyrics Titles For Books".

The use of popular songs is one area which can be a real danger zone. Musicians and recording studios do not, as you would expect, take kindly to the lyrics of popular songs being reprinted anywhere without their permission.

When lyrics are covered by copyright law then you have to go through a process to obtain permission to use them for the title of a book. Since the title is usually part of the lyrics then it may be contentious for you to argue in court that just because it is a title it is not subject to copyright law. Using author George Korankye as a prime example of how things should be done will give us a better perspective on the use of lyrics for book titles. The song "I Can See Clearly Now the Rain is Gone" by Johnny Nash appealed to George so much so that he wrote to the copyright holder and sought permission to use it on his fictional book about the Dunblane tragedy . You have to have patience as there can be a delay in securing a response from copyright holders, as they do tend to like shuffling paper around.

There are successful books out there with titles from song lyrics. First example that swoops to mind: A series of titles from Wally Lamb: "I Know This Much Is True". "She's Come Undone". "Couldn't Keep It To Myself". Oh, and of course the George Korankye book "I Can See Clearly Now the Rain is Gone".

"I Can See Clearly Now the Rain is Gone", the Dunblane tragedy book, by George Korankye has successfully, after permission was granted, used the title from Johnny Nash's song. This use of song titles within dialogue does not usually need permission, unless it is somethng that is trade marked or say something that someone like Michael Jackson's estate holds the rights to, like The Beatles lyrics.

There is also a fitting and cathartic musical surprise ending to the storyline in the book. George Korankye used the song title for his book "I Can See Clearly Now the Rain is Gone" because he sees it as a song of hope and courage for individuals who have experienced adversity in their lives, and hopes it helps them overcome it. It reflects the Dunblane tragedy and that is what the novel sets out to achieve right from the outset, a resounding echo of overcoming adversity.

Johnny Nash (born John Lester Nash, Jr., August 19, 1940, Houston, Texas) is an African-American pop singer-songwriter, best known for his unexpected 1972 comeback hit "I Can See Clearly Now". He was also the first non-Jamaican to record reggae music in Kingston, Jamaica.

Johnny Nash began by singing in his Baptist church's choir, then in the fifties he started having mediocre success performing covers of R...B hits. He also had award winning success as an actor, winning the Silver Sail Award at the Locarno International Film Festival for his role in the big screen version of Louis S. Peterson's "Take a Giant Step". As recently as 2006 he was still working, digitising his past hits in a Houston recording studio.

Besides "I Can See Clearly Now the Rain is Gone" Nash recorded several hits in Jamaica, where he travelled in early 1968, as his girlfriend had family links with local TV and radio host and novel writer Neville Willoughby. Nash planned to try breaking the local rocksteady sound in the United States.

Eventually Nash was to develop his own style, moving away from reggae songs and becoming less focused on the what reggae was turning into ... which some claimed to be about black consciousness, politics and protest. "I Can See Clearly Now the Rain is Gone" reflected Nash's ability to change course and keep his career afloat. The song was so popular that it has had numerous cover versions, one by Jimmy Cliff went to No. 18 in the US in 1994. The big screen film "Cool Runnings", a film loosely based on the true story of the Jamaica national bobsled team's debut at the 1988 Winter Olympics. Starring the late John Candy, the film featured Cliff's cover version of Johnny Nash's song "I Can See Clearly Now the Rain is Gone".

Selling seven million records, "I Can See Clearly Now the Rain is Gone" shot to the number one spot and brought the long awaited acclaim sought by Nash, who long lived in the shadow of Bob Marley. Now he stamped his mark with his own style. Now nearly 40 years on from when Johnny recorded "I Can See Clearly Now the Rain is Gone", it certainly shows the depth and strength such a song has for it to be used in the title of the George Korankye novel, which is about overcoming tragedy. So remember, check out the legal status of song lyrics, or you might find you are published and damned!

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