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!
A benefit to authors is that a novel/book title is not subject to copyright infringement laws. The only time you might find yourself coming unstuck is if you mesh in a branding name with the title. Sort of like if it is part of a series like the "Whatever it is for Dummies" series then you are not allowed by law to pass your work off as being connected to that series. It is called "passing off as". So do be warned, and remember a company called "Massage R Us". In a "David and Goliath" story they were soon hauled over the coals and had to rapidly change the name to something else when "Toys R Us" slapped an injunction on them.
A real hazard area is the use of popular songs in book titles and the likes of. Unless permission is first obtained for the use of popular songs being reprinted anywhere, other than what is commonly called "fair use", musicians and their well paid legal teams do not take kindly to it.
Let us take the example of author George Korankye, he had a burning desire to use the lyrics covered under copyright, namely "I Can See Clearly Now the Rain is Gone" by Johnny Nash. First he had to write to the copyright holder and ask permission. In some cases this can cause lengthy delays. Many times the request gets shuffled from department to department and no one responds, leaving the author in limbo.
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".
The Dunblane heartbreak novel "I Can See Clearly Now the Rain is Gone" by George Korankye uses the events that happened in'96 when 16 schoolchildren and their teacher were murdered. That tragedy is a template for the book. Although permission was granted to use the title from Johnny Nash's song, lyrics need permission. Usually a song title falls under "fair use". Obviously this is something worth checking out, as it may be subject to a trade mark registration.
Music features heavily in the Dunblane adaptation novel. George Korankye specifically applied the title "I Can See Clearly Now the Rain is Gone" to his first time novel for the reason that it represented hope from the depths of despair that the Dunblane tragedy had brought to the townsfolk when 16 children and their teacher were murdered by a crazed gunman. The lyrics of the song are that of faith and bravery for those who have encountered tribulation in their lives. It is meant to pave the road of hell with hope. The Dunblane catastrophe and the song lyrics interconnect in a way that mere words could not describe. Anyone listening to the song after reading the novel may well feel an affinity with it.
Who would think that an African-American pop singer-songwriter mismarkted by ABC Records as another Johnny Mathis would one day have such a hit as "I Can See Clearly Now the Rain is Gone"? Born John Lester Nash, Jr. on August','40, in Houston, Texas, he went on to change the mainstream acceptance of reggae music by being the first non-Jamaican to record reggae music in Kingston, Jamaica.
In the'50s Nash started his illustrious career as a singer. Eventually fine tuning that into his reggae/country style for "I Can See Clearly Now the Rain is Gone". During the course of his rise to fame, Nash starred in the big screen version of playwright Louis S. Peterson's "Take a Giant Step". For his accomplishment he won a Silver Sail award from the Locarno International Film Festival.
As early as'68, Nash travelled to the bedrock of reggae music, Jamaica. Nash's love affair with Jamaica came about due to his girlfriend having family ties with local TV and radio presenter and novel writer Neville Willoughby. Whilst in Jamaica, Nash was prominent in recording several hit songs and intended to try loosening the grip of the local rocksteady sound in the United States, which was successor to Jamaican ska, and a precursor to reggae. Rocksteady singers regularly covered American soul recordings.
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.' in the US in'94. The big screen film "Cool Runnings", a film loosely based on the true story of the Jamaica national bobsled team's debut at the'88 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".
Although the single "I Can See Clearly Now the Rain is Gone" sold seven million copies, arranger Martyn Ford only received the paltry sum of 35 for his services. Johnny Nash is still as appealing as ever with his outstanding voice and music. It shows how a song title and a book can mesh together in perfect harmony. The song title "I Can See Clearly Now the Rain is Gone" shows how such a title can be successfully migrated to a novel, and all quite legally. It just takes a little research, which thankfully George Korankye did; otherwise he might have ended up in court. So do check out the legal status of things beforehand.
Author Resource:
Radiographer turned novelist George Korankye created his first fictional work, giving it the title from the Johnny Nash song "I Can See Clearly Now the Rain Is Gone" ". He secured the legal use of the song lyrics, which are also included in the book. Always seek to secure permission when it comes to using lyrics from songs, as it goes a long way in shieldingyou from litigation.
![[Valid RSS feed]](http://www.look4articles.com/images/icon_Rss.png "XML Feed For RSS"){kind=icon}
Category Rss Feed
Print This Article
Add To Favorites
![[Valid RSS feed]](http://www.look4articles.com/images/rss.jpg "XML Feed For RSS")