Books and other creative works rarely exist in isolation. Older works often inspire authors, their characters, and the stories that surround them. Many authors also quote a poem, mention a song, reproduce a photograph, or include a short passage from another writer. These references can add context and setting, illustrate an idea, or make a book more engaging, but they can also raise copyright and licensing questions.
Do you need permission to quote song lyrics, poetry, or photos in your book? Usually, yes. The main exceptions are works in the public domain, uses that qualify as fair use, and references that name or describe a work in your own words. Because poems and songs are short, even one line can be too much, and the US Copyright Office says no number of words is automatically safe.
Overview and Goals
Simply naming the original creator or providing a citation does not automatically give you the right to reproduce their work. Using copyrighted material without permission can result in unexpected licensing fees, delayed publication, and the need to remove or revise the material. In some cases, a copyright owner can sue an author.
Fortunately, you do not need permission for every reference to another person’s work. Some works are in the public domain, while certain uses of copyrighted material may qualify as fair use.
Identify any third-party material early, determine whether it is protected by copyright, and decide whether you need permission or can rely on fair use. Taking care of these questions before publication gives you time to obtain any necessary rights, revise your manuscript, or find an alternative if necessary.
This guide serves as an introduction to US copyright considerations for authors. It is general information, not legal advice, and authors with substantial or disputed copyright claims may want to consult a copyright attorney before publishing their book. For a broader introduction, see our guide to understanding copyright protection.
Before quoting or referencing someone else’s work in your manuscript, determine exactly what you want to use and why.
Start by identifying your purpose. Are you analyzing a poem? Discussing the meaning of a song? Reproducing a paragraph to illustrate a historical event? Including an epigraph simply because you like the passage and how it ties into your story?
The purpose of the use can affect the legal considerations, and it also helps you plan permission requests early.
If you know that your book will contain song lyrics, poetry, photographs, artwork, or other copyrighted material, do not wait until the final proof to investigate your rights. Permission requests can take time, and some rights holders may charge a fee or even decline your request.
Your overall priority should be to minimize legal and financial risk while preserving what your book actually needs. Sometimes that means obtaining a license or shortening or changing a quote. Other times, you may be free to use the material simply because it is in the public domain or because your use qualifies as fair use.
When You Do Not Need to Seek Permission
Not every reference to another person’s creative work requires permission. Copyright protects original expression, but it does not prevent authors from making ordinary references to copyrighted works.
Public Domain Works
Works in the public domain are not protected by copyright and generally may be used without obtaining permission. A work enters the public domain when the copyright expires or when copyright law never applied to the original work.
In the US, copyright duration depends on when and how a work was created and published, as well as other factors. Works published in different periods and different countries can be subject to different copyright terms. Special rules may apply to anonymous works, pseudonymous works, and works made for hire. Certain editions, translations, and adaptations of older works can contain new copyrighted material even when the original work is in the public domain.
Because copyright duration can be complicated, do not assume that an older work is automatically in the public domain. When in doubt, search the item’s copyright status through a reliable source, such as the US Copyright Office, before reproducing it.
Song and Movie Titles
Titles, names, and short phrases are generally not protected by copyright. That means you can ordinarily mention the title of a song, movie, book, or other work without asking the copyright holder for permission.
That does not mean every use of a title is automatically free of legal considerations. Trademark law, publicity rights, and other laws can apply in particular circumstances. For ordinary references within a book, however, simply naming a song or movie is different from reproducing its copyrighted content.
Referencing Instead of Reproducing
If you want to discuss another person’s work without reproducing its copyrighted expression, you generally do not need permission. You can identify the song, poem, book, movie, photograph, or other source and discuss it in your own words.
Instead of reproducing an entire poem, for example, you might summarize its central theme and identify the poem and poet. Instead of printing several lines from a popular song, you might explain how the lyrics relate to the subject of your book.
The key is to discuss the work in your own words rather than reproducing its protected expression. This approach may substantially reduce copyright issues associated with reproducing someone else’s creative work.
Fair Use Considerations for Song Lyrics and Poetry
Fair use is a legal exception that permits certain uses of copyrighted works without permission from the copyright holder. Common examples include criticism, commentary, parody and satire, news reporting, teaching, and research. For example, someone reviewing a copyrighted work may be able to share certain lines of dialogue from the book or film.
Intent matters, but so does scope. Although there are no specific rules about how much of a work can be reproduced under fair use, the amount used and whether the excerpt represents an important or distinctive part of the original work are both considerations. A good starting point is to use no more of the work than your purpose requires.
This becomes tricky, however, with poems and song lyrics. Because these works are generally short by nature, even a single line can be considered a substantial portion of the original work.
Courts weigh the four factors in Section 107 of the Copyright Act when deciding whether a use is fair:
- Purpose and character: What role does the quote play in your book? Are you using the material to criticize, analyze, comment on, or parody the original work, or is it simply for decoration or entertainment?
- Nature of the copyrighted work: Creative works are strongly protected under copyright law, making their use more difficult to justify than factual material.
- Amount and substantiality: Are you quoting a portion of the work or the whole piece? What percentage of the whole is the segment you are using?
- Market effect: Could your use of the work interfere with an existing or potential market for it? Does your reproduction point to or draw away from the original?
If you decide to rely on fair use, document your reasoning. Record what you used, how much you used, why you used it, and how the material contributes to your book. Your analysis does not guarantee that a court will agree that your use is fair, but it gives you a clear record of the decision you made and the factors you considered.
When You Need Permission to Quote Song Lyrics or Poetry
If your planned use of a protected work does not clearly fall within an exception such as fair use, it is a good idea to obtain permission before you finalize and publish your book.
Permission should generally be sought when you want to reproduce substantial portions of a song or poem, particularly when the quotation is being used primarily as decoration or as an epigraph rather than for commentary or criticism.
Full verses, choruses, stanzas, or other substantial excerpts should be treated with caution. Even a short quotation can raise concerns if it contains a particularly important or recognizable portion of a work. The US Copyright Office specifically notes that there is no predetermined number of words or lines that can be safely used without permission.
The more central a quotation is to your book, the more important it is to start the permissions process early. Waiting until publication is approaching can leave you with little time to negotiate a licensing agreement or rewrite the affected sections.
How to Identify the Copyright Holder or Rights Holder
Identifying the correct rights holder can sometimes be more difficult than requesting permission.
Start with any information associated with the original work. For songs, music publishers, performing rights organizations, and other industry databases can help identify songwriters and publishers. ASCAP, BMI, and SESAC may provide useful information about musical works and their rights holders.
For books and poetry, check the original publisher, the author’s representative or estate, and available copyright records. For photographs and other visual works, begin with the photographer, agency, archive, or organization that originally published the image.
The US Copyright Office also maintains public records that can help authors investigate registrations and transfers of ownership. If you cannot identify the copyright holder, do not assume that the work is free to use. Document your search and consider finding an alternative or seeking legal advice.
How to Seek Permission and Draft Permission Requests
When requesting permission to use a copyrighted work in your book, your request should give the copyright owner enough information to understand exactly what you want to use and how you plan to use it.
Your request should include:
- Your name and contact information
- The title and author of the work you want to quote
- The exact excerpt you want to reproduce
- The word count of the excerpt
- The title of your book
- A brief description of your book
- How the quotation will be used
- Whether the book will be available in print, digital, or other formats
- The territories in which you plan to distribute the book
- Your expected publication date or manuscript status
- The rights and license term you are requesting
Be specific. A rights holder cannot meaningfully evaluate a request for “a few lines from the song” without knowing which lines you intend to use and how you intend to use them. If you have already written the passage into your book, you can include that section as an excerpt in your request as well.
When appropriate, request nonexclusive rights rather than exclusive rights. You generally need permission to reproduce the material in your book, not ownership of the underlying work itself or exclusive usage.
Negotiation, Fees, and Publisher Responsibilities
Getting permission to use another person’s creative work does not necessarily mean you can use it for free.
A rights holder may grant permission without charge, request a licensing fee, impose conditions on the use, limit the formats or territories covered, or decline the request entirely. The cost can vary considerably depending on the work and the requested use.
If your book depends on third-party material, build potential permission costs into your publishing budget before you commit to the material. Also allow several weeks, or longer when necessary, for rights holders to respond.
If you are working with a publisher, ask whether the publisher has a standard permissions form or specific requirements. Publishers may have their own procedures for documenting permissions and reviewing third-party materials. Many publishing agreements also ask the author to confirm that all third-party material is cleared, so read yours with care. Our guide to vetting a publishing contract covers what to look for before you sign.
Do not assume that sending a permission request is the same as receiving permission. Before publication, obtain the written license or approval and make sure it covers the actual use you intend to make.
If You Cannot Find or Obtain Permission
Sometimes you cannot locate a rights holder, or they deny permission. An unsuccessful search does not automatically make a copyrighted work free to use.
Document your good-faith efforts to identify and contact the rights holder, including the databases, publishers, organizations, and other sources you searched.
Then consider alternatives. You may be able to:
- Remove the quotation.
- Paraphrase the underlying idea in your own words.
- Replace the material with a public domain or Creative Commons alternative.
- Rewrite an epigraph or chapter heading.
- Revise the passage so that any quotation is truly needed for commentary or criticism, which supports a fair use argument.
Creative Commons material can provide useful alternatives, but “Creative Commons” does not mean no restrictions. Different licenses impose different requirements involving attribution, commercial use, adaptations, and other conditions. Review the specific license before using the material.
Special Rules for Images, Photos, and Other Media
Photographs, illustrations, artwork, screenshots, and other visual material should be treated with the same care you would give written quotations.
Finding a photo online does not mean you have permission to reproduce it. Copyright protection can apply to photographs and other visual works even when they are freely accessible online.
Before including an image in your book, determine:
- Who owns the copyright?
- What license or permission applies?
- Does the license permit use in a commercial book?
- Does it permit print and digital distribution?
- Are attribution requirements involved?
- Are modifications or cropping permitted?
- Are there restrictions on territory or distribution?
Stock photography can simplify this process, but read the specific license requirements before assuming you can use a stock image for any purpose. If an identifiable person appears prominently in a photograph you plan to use commercially, a model release or other permission may be needed for your intended use.
Creative Commons images can also be useful. A CC BY license permits commercial use and adaptation as long as the required attribution is provided. Other Creative Commons licenses may restrict commercial use or prohibit adaptations.
Sample Permission Request Outline
A simple permission request might follow this structure:
Subject: Permission Request for Quotation in [Book Title]
Dear [Rights Holder],
My name is [Author Name], and I am the author of [Book Title], a [brief description of the book]. I am requesting permission to reproduce the following material from [Original Work Title] by [Creator]:
Exact excerpt:
“[Quoted material]”Word count: [Number]
I would like to use this excerpt in [chapter/section/page description] of my book, where it will [briefly explain its purpose].
I am requesting non-exclusive rights to reproduce the excerpt in print and electronic editions of the book, distributed [territories], for the term of copyright or the longest license term you are able to grant.
The manuscript is currently [in progress/complete/in production], with anticipated publication in [month/year].
Please let me know whether you control these rights and whether there are any fees or additional conditions associated with permission.
Thank you for your consideration. I can be reached at [email address] or [phone number] if you need any additional information.
Sincerely,
[Author Name]
If a publisher or licensing agency provides its own permission form, use that form instead. Always adjust to the rights holder’s requirements to increase your chances of a positive response.
Legal Risk Management and Recordkeeping
Managing permissions is easier when you treat it like part of your book’s production records rather than an informal collection of emails.
Create a permissions file for your manuscript that includes:
- Copies of all permissions requests
- Responses from rights holders
- Signed licenses and agreements
- License fees and payment records
- Dates permissions were granted
- Specific excerpts or images covered by each permission
- Approved formats and territories
- Attribution or credit requirements
- Expiration dates and other limitations
- Notes about any fair use analysis you performed
Make sure the final license actually matches the way you plan to publish the book. A license specifically covering a print edition may not necessarily cover every other format or use. Some licenses also require a specific credit line, which authors often place on the copyright page. Our guide to what goes on a book’s copyright page shows where permissions and credits fit.
If a rights holder disputes your use, or if the material is particularly valuable or legally sensitive, consult an intellectual property attorney rather than trying to resolve the dispute yourself.
Quick Pre-Publication Checklist
Before sending your book to production, take the time to review every piece of third-party material as well as its corresponding records. One final check can help ensure that you do not overlook potential copyright issues that could result in a dispute or delay publication.
Use the following checklist to review your book before publication:
- Confirm the copyright status of each poem, lyric, photograph, or other work you reproduce.
- Determine whether your use requires permission or may qualify for an exception such as fair use.
- Obtain written permission for material that requires a license.
- Verify that image licenses cover your intended print and digital uses.
- Confirm any required model releases or other permissions for identifiable people.
- Check attribution requirements for Creative Commons and other licensed material.
- Make sure licenses cover the territories, formats, and distribution methods you plan to use.
- Keep copies of permissions and licenses with your publishing files.
- Prepare replacement text or images in case permission is denied or unavailable.
- Tell your publisher about any unresolved permissions before publication.
Third-party material can add considerable value to a book, but it should not become a last-minute legal problem. Identify what you want to use early, investigate the rights involved, and keep careful records. When permission is necessary, obtaining it before publication gives you one less problem to solve when your manuscript is ready to become a book.
Frequently Asked Questions About Quoting Other Works in a Book
Can I quote song lyrics in my book without permission?
Usually not, unless the lyrics are in the public domain or your use qualifies as fair use. Song lyrics are short, so even one line can be a substantial part of the work, and quoting lyrics as decoration or as an epigraph is the hardest use to justify. If you want the lyrics, request written permission from the rights holder, or describe the song in your own words instead.
How many lines of a poem or song can I quote?
There is no number of words or lines that is automatically safe. The US Copyright Office notes that no specific number of words, lines, or notes may safely be taken without permission. The amount matters, but so does whether the excerpt is an important part of the work and why you are using it.
Do I need permission to mention a song or movie title?
Generally no. Titles, names, and short phrases are not usually protected by copyright, so you can name a song or movie in your book. Naming a work is different from reproducing its lyrics, dialogue, or images, and trademark or publicity laws can apply in some situations.
Can I use a photo I found online in my book?
Not without checking the license. A photo can be protected by copyright even when it is freely visible online. Find the owner, confirm the license covers commercial print and digital use, and follow any attribution rules. Stock photos and Creative Commons images can work, but read the specific terms first.
Does giving credit or a citation count as permission?
No. Naming the creator or providing a citation does not give you the right to reproduce a copyrighted work. Credit is often required in addition to permission, but it does not replace it.
What if I cannot find the copyright holder, or they say no?
An unsuccessful search does not make the work free to use. Document your search, then remove the quotation, paraphrase the idea in your own words, or replace the material with a public domain or properly licensed alternative.
Ready to Publish Your Book?
Permissions work goes much more smoothly when it is finished before production begins. Every Page Publishing author works with a dedicated Publication Coordinator from signing through publication, a single point of contact who knows your manuscript and can answer your questions along the way. Raising any quoted lyrics, poems, or photos with that person early helps permissions questions come up before production rather than after.
If you are considering publishing your book, you can see what is involved in our breakdown of what it costs to publish with Page Publishing.
Questions about publishing a book that quotes other works? Call a Page Publishing consultant at +1 (800) 204-6099 to talk through your plans.
