Based on this, I'm inclined to believe that this isn't a problem. The phrases you have there are very common; people use them in writing all the time. But when in doubt, consult a literary attorney. Or avoid this altogether.
Just for an added example, here's what it sounds like on black and white, if I would use a certain song in some random dialogue. Peter stood there, his cheek burning. He swore he tasted blood but made no sign to show his pain. She ahd hit good, and he deserved it. He just stood there and watched her cry. "Do you think it's alright, what you did to me? Are you just gonna stand there , like it doesn't matter to you? What am I, beating a dog?" Kerrigan sobbed, her eyes red and angry. He never meant to get such a reaction from her. " So, that's how more or less it sounds in my manuscript. It's there, not terribly obvious, but the inspiration clearly there for me (which makes me wonder why even do it if no reader would ever catch it?) Also, why not post an actual example from my manuscript? Because writing something on the fly is easier than showing my actual work... sad. Buyt I'm starting to think from the replies here and my Googlin' that it would be safer to just tone it way down and only use what's necessary.
This is not a question you want to ask a group of well-meaning amateurs on a writing forum (including me). This is exactly the kind of question you ask a literary attorney. Keep in mind that the test here is not how likely are you to be guilty of plagiarism. The question is how likely is the artist to bring a suit, and how costly would it be to defend such a suit, even if you ultimately win? I wouldn't say not to write it. If you ultimately decide to publish via the traditional route, your publisher's attorneys might very well opine on it for you. But if you decide to self pub, a short review by a literary attorney might be a prudent investment.
So if one of my characters says "Baby. Don't stop believing." That's plagiarism????????????????????????????????
Just that? No. But my point is that as long as you know you are deliberately incorporating a lyric, you should know that you are treading on thin ice. And when you know you are doing that, the prudent thing to do is not to come and ask a bunch of aspiring writers on an internet forum, none of whom are trained professionals with that particular expertise, but to ask someone who is. Because - and this definitely bears repeating - the key concern isn't just whether it actually constitutes a copyright infringement, but whether you are likely to be sued because the owner thinks it is.
I'll respectfully disagree. Even a short consultation with a 'literary attorney' will run to real money, which most here couldn't afford anyway. Running to lawyers before every business decision is exactly what the legal profession wants all of us to do, for obvious reasons. One of the characters in one of my stories refers to his 'short little span of attention'. If that story is published, and Paul Simon wants to come after a previously-unpublished scribbler nobody has ever heard of for something that is really more homage than plagiarism, I guess he can bring it. Go ahead and use the lyric.
A short consultation is much cheaper than defending a lawsuit, which at today's prices is usually ruinous. All I can do is offer the advice, and when I do, it is always on the side of prudence, mostly based on experience. Whether the OP takes it or not is entirely up to him.
What about the fair use doctrine? How does that apply? I believe that you are creating a new and unique piece of work. Therefore it cannot plagiarism. Still, that is entirely subjective. Did Kate Bush plagiarise Wuthering Heights? Who would argue that? And yet, it uses a LOT of themes, ideas and even phrases from the book.
@EdFromNY I am going to take your advice here, most likely, and make sure it's either wayyyy diluted, more than it is, as I can't find any reliable info anywhere. I'd rather avoid the headache altogether rather than take a risk (Even though I fail to see how anyone would accuse me of malice for a few odd words sprinkled here and there that make an allusion to a song >.>... people are just terrible that way, I guess. Like the guy who won the lawsuit because his coffee was too hot...like wtf?) Maybe I'll post an excerpt of the scene in question after my final edits, to see what you all think. Though, I do plan on tweaking it quite a bit already and I doubt I'll keep much of the original words.
@123456789 Well, that was just an example based off the first song that popped into my head. The real work is more obvious, I find. I'll post the dialogue in question when I've finalized it, just to see what ya'll think on the matter.
Does having a character say "Good golly, Miss Molly" constitute as fair use? Link to the song in case you need it.
All the usual 'not a lawyer' disclaimers apply, but I find it hard to believe there'll be any problem with having a character say that one line, especially since it's hardly an uncommon phrase. Print a large chunk of the lyrics and you're in rather greyer territory.
You have to consider that there might be an unmarried woman named Molly out there who can always sue you for using her name in your book... I'm just sayin'...
I seem to remember a longish debate about this a little while ago, about the fact that titles are not copyrighted, lyrics are copyrighted and the legitimate fair use of them is practically nonexistent, so what do you do when a title is also a lyric? I don't know the answer.
You really should consult a literary attorney in this case because of all the subtleties involved. It's also hard for any of us to say because we don't have any context. If possible, you could also use another phrase.
In stead of panicking, paying attorneys and wasting time on forums, you could just ask the publisher/right-holder yourself - check ASCAP to locate them, find their website, contact them with relevant information, wait for their reply, provide all the additional data they ask for, and eventually they'll name the price. It may be as low as a few $€£¥, it may be as high as a few hundreds of $€£¥: consider if it fits your budget, use it/ditch it. DO NOT panic if you are using anything in your manuscript. Manuscripts are your private property. The content of your hard drive is your private property (except in extreme cases I won't mention). Do not worry if your mother or friends or beta-readers read it - somebody once mentioned on these forums that your mother constitutes an audience, and that's enough for a legal action from rights owners - that is utter porqueria... That is, if you are actually quoting lyrics: if your character is familiar with Little Richard's work etc. "You know that old song, goes something like 'Good golly Miss...'" However, if a character just utters "good golly..." in a new context, without it actually being a quote of the lyrics - that is, if he is a british nanny shocked by little Molly's action - or if he says "Good Gorry Miss Borry" - that is fair use. Quite fair, I think. "Good golly" was once a well used expression, and the number of unmarried Molly's in the world...
In stead of panicking, paying attorneys and wasting time on forums, you could just ask the publisher/right-holder yourself - check ASCAP to locate them, find their website, contact them with relevant information, wait for their reply, provide all the additional data they ask for, and eventually they'll name the price. It may be as low as a few $€£¥, it may be as high as a few hundreds of $€£¥: consider if it fits your budget, use it/ditch it. DO NOT panic if you are using anything in your manuscript. Manuscripts are your private property. The content of your hard drive is your private property (except in extreme cases I won't mention). Do not worry if your mother or friends or beta-readers read it - somebody once mentioned on these forums that your mother constitutes an audience, and that's enough for a legal action from rights owners - that is utter porqueria... That is, if you are actually quoting lyrics: if your character is familiar with Little Richard's work etc. "You know that old song, goes something like 'Good golly Miss...'" However, if a character just utters "good golly..." in a new context, without it actually being a quote of the lyrics - that is, if he is a british nanny shocked by little Molly's action - or if he says "Good Gorry Miss Borry" - that is fair use. Quite fair, I think. "Good golly" was once a well used expression, and the number of unmarried Molly's in the world... EDIT: yes, if your book sells millions of copies and you hit the Times bestselling list, you might be asked to pay a few hundred $€£¥ more for using copyright material you already paid for in advance. HOW is that a BAD thing?
I think 'good golly' is a known phrase/expression, Molly is a common name, and even if you were referencing the song title, still it isn't a copyrighted string of words. The only thing you need to worry about is copying long bits of text from others, or ripping off storylines etc. I would use it and move on.
