Song lyrics on TV - do you need permision?

Just curious really, when someone uses a songs lyrics on TV does permission have to have been granted?

Saw Ricky Gervais Comedy Lab show (from 98) recently and he sings some Bowie stuff - have C4 had to get permision to do that?

Mark

I'm pretty sure you do have to. Depends on the context though.

Dan

If you're using song lyrics in the context of critique or analysis (i.e. writing an article about them) then you can quote them to illustrate the point.

But if you use them in any other context then you need to get the copyright holder's permission. In the book market, it is the author's job. The publisher won't do that work for you in case it backfires plus they've gotten you to sign disclaimers too, removing legal liability from them.

I'm not sure what the situation with a show like Heartbeat is. With a massive audience I think the situation may be reversed, with the record companies trying to product place rather than t'other way 'round.

I've only ever written one piece of action that was entirely built on a song extract and it was tightly choreographed to the music as a day-in-the-life summary in a 20 second burst. Time constraints called for the condensing of several minor scenes. Elsewhere I avoid all music cues and reliance.

There's an idea going around that 10 seconds of song in a clip doesn't need authorisation, but I'm really not sure that's valid. Any use of someone else's work should be authorised. Adam might know - he's the legal beagle.

Quote: M Lewis @ February 1, 2008, 3:12 PM

Just curious really, when someone uses a songs lyrics on TV does permission have to have been granted?

View original

Yes. The only times that you do not have to ask permission are

Research and Private study
Criticism and Review
News Reporting
Public Interest

So how far does that go? for example:

COMEDY SCENE 1

A: Hi I'm Bruce Spigstern.

B: (IN COMEDY BRUCE SPINGSTEEN VOICE) Born in the USA

SCENE 2

A: Hi I'm Bruce Sprigstern.

B: (IN COMEDY BRUCE SPRINGSTEEN VOICE) Born down in a dead man's town
The first kick I took was when I hit the ground.....(and goes on to complete the entire song!)

Is there a line between scene 1 & 2 where you cross into needing permission? (or is scene 1 already over that line?)

some real life examples that spring to mind: US The Office, Fire Alarm Episode: Dwight Sings "Ryan started the fire, its always burning......" Clearly parodying the Billy Joel Song. It was also used in The Thick of It where a character uses the line "listen, dont worry. We didnt start the fire, its always been burning since the worlds been turning" Much more subtle use of the lyrics in a gag - but not even in a musical context?

So when Newsrevue and Treason Show do parodies of well-known songs, which they do throughout both shows, they are in breach of copyright?. I always assumed this was the case, but imagine they hope they're too low profile to be noticed, and will just come in under the radar.

M Lewis. Theres a difference between UK laws and US laws mainly cos the US have Freedom of Speech so they are allowed to 'sample' copyrighted materials. Although the TV companies always clear the copyrighted material to avoid being sued. In the UK using any part of the work may mean that you can be sued so theres not alot of leeway really

John. Newsrevue and the Treason Show fall under the criticism and review defence.

So, in my example above - would a TV company bother to clear Scene A with Bruce Springsteen just for using 4 words from his song? Or would they let it slide on the basis no one would care?

Quote: M Lewis @ February 1, 2008, 5:29 PM

So, in my example above - would a TV company bother to clear Scene A with Bruce Springsteen just for using 4 words from his song? Or would they let it slide on the basis no one would care?

View original

Well I think they would. TV companies basically will spend lots of money on not getting sued as its bad for their PR and it could cost them alot of money. So if they feel that theres a possibility they may get sued then they will ask permision. If they don't get permission then they won't broadcast it.

So the short answer is yes they would bother to clear it. You can always do you're own version of the song changing the lyrics and melody slightly.

Interesting....so in this gag you wouldn't need permission even though the link to the artist is obvious:

A: Hi, i'm new to the office. My names Mike Bolton.

B: How can we be workmates if we cant be friends? How can we be colleagues if you steal all my pens?

lol - should add, made that up to ask the question.....should make that clear as its quite funny and so people may think its a real sketch i wrote

Quote: M Lewis @ February 1, 2008, 5:08 PM

COMEDY SCENE 1
A: Hi I'm Bruce Spigstern.
B: (IN COMEDY BRUCE SPINGSTEEN VOICE) Born in the USA

View original

Believe it or not, M, legally your first example can be right AND wrong.

You can quote song TITLES without breach of copyright. BUT if your character sings the title then you are breaching copyright. However, this only works with titles.

If not breaching lyric copyrights, all stage shows are actually breaching music copyrights unless they have a licence. But I'm sure that only covers live, I think a DVD of the live performance is back on dodgy legal grounds.

There's a famous song called 'titles' where the words are titles to songs ... natch.

ok - so any reproduction of the song, no matter how short, is an issue...where does that leave "comically incorrect" versions like the Mike Bolton one above?

Also - i am obviously being a little naive here - when David Brent sings "life, Oh Life" has someone at the BBC got permission from Des'ree's Music label? I guess so from what you say.

oh - and on this subject...do the same issues apply to film dialogue? "go ahead punk, make my day" - is someone on the blower to Clint before sticking that in a sketch?

Any use of the song lyrics (excluding the title) is in need of clearance. If you change it then no, as long as there are no clearly identifiable lines.

But then your problem is UNLESS you sing it, how will the audience get it? For example, your Bolton parody went over my head as I know nothing by him so couldn't place it in a song to draw a laugh from the changes you'd made. If you sing it, then you need clearance from the music copyright owners (in some cases the lyrics and music is owned by different parties)

With Gervais et al, they will have no problem paying someone below them to clear the permission. You haven't got that luxury ... yet. But I know one song all broadcasters try and avoid is "Happy birthday" apparently they pay stupid money for any use of it.

Trust me...if you were 10 years older and i sang that Bolton gag you'd wet yourself (perhaps not)

So the jist is....as a nobody you use the titles only and dont sing them, as a somebody you pay someone to clear the song to do with as you please and as Ricky you pay the singer to show up and do it for you

Film quotes?

Quote: M Lewis @ February 1, 2008, 6:21 PM

Film quotes?

View original

You can use the songs even as a nobody BUT you'll need that all important waiver. Some companies allowed me to use one or two line quotes for an independent fiction project. But I tried it with a Gary Numan lyric and the cost although reasonable (100 quid per thousand copies of a print run) was beyond my resources.

Film quotes, again I think that's dodgy. Film titles will be fine. Adam?