If you're writing a novel or short story, you may encounter situations where you'd like to r
Q. Can I mention the title of a song in my work?
A. You can mention a song title -- or the title of anything else, for that matter -- freely, without asking permission.
Copyright law is based on the concept that unique works of authorship should be protected as the intellectual property of the author. However, it's important to note that in order to benefit from this protection, the work in question must both be unique and have original authorship.
Song titles, however, are considered neither of these things, and therefore they are not under copyright protection. In fact, in its "Copyright Basics" publication, the US Copyright Office specifically excludes "Titles, Names, [and] Short Phrases" from being eligible for copyright protection.
Q. Can I quote someone else's song lyrics in my work?
A. Except in certain cases, such as fair use, you will need permission before reproducing someone else's copyrighted material.
In most cases, using someone else's work without permission is considered copyright infringement. However, there are exceptions to this: Fair Use.
There is no hard-and-fast rule that states what is and is not considered Fair Use. Instead, the courts typically look at four factors:
The purpose and character of the use
The nature of the copyrighted material
The amount of the work used, relative to the entire work
The effect of the use of the work might have on the market or value of the original work
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