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Can anyone help me with this one? One of my characters is a rock musician, and I've just spent quite a long time writing the lyrics to one of his songs. I thought I'd better google the title and first line. Title (Water Into Fire) was fine, but the first line of the chorus is 'Strip me down' - and somebody called Tyketto (who?) has a song titled 'Strip me down' and the first line of the chorus is 'strip me down' too. Will it be ok to use my version?
Many thanks,
Susiex
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Strictly speaking, since it is part of the lyrics you should ask permission before using it. Although, as it's only 3 words, I don't know if there's a cut-off point on such things.
<Added>
on second thoughts, since you are making up your own lyrics not quoting theirs, do you need permission? I have to admit I don't know.
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Yeah, it's a bit of an iffy one, I think. You could argue that 'strip me down' is a short phrase that anyone can use, and anyway I'm not calling mine that - just using the line in my chorus.
Susiex
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I really don’t know the legalities of this, but my instinct is that the phrase strip me down isn't long enough or unusual enough to be copyrightable. Perhaps the Society of Authors could advise you? They have several downloadable guides on copyright and permissions – free to members, £2 to non-members.
Dee
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Thanks, Dee! I'm inclined to think, as you do, that it's OK, but that's a good idea.
Susiex
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I'm with Dee on this. You came up with that phrase completely independently. If you search iTunes you find there are loads of songs with the same title which are actually different songs (as well as loads which are covers), and even more with nearly the same title, and I'm pretty sure they don't have permission from each other.
I'd be extremely surprised if you needed any permission for one short phrase which you came up with independently.
Deb
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Thanks - that's reassuring.
Susiex
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As far as I'm aware, you can't copyright a string of a few common words as if was possible to do that none of us would be able to publish anything! Also, I expect the vast majority of your readers are unlikely to link your song lyrics to the song you mention, so you can't be accused of 'passing off'. (I've never heard it!)
However, these are things editors can sort out, so I wouldn't worry about it at this stage.
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Thanks, Daisy, you are of course right. Since I haven't even started submitting to agents yet, it's hardly a problem! But I feel easier about it now.
Susiex
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I doubt anyone will kick up a fuss unless you started raking in millions in royalties - that's usually when the lawsuits start crawling out of the woodwork.
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That'll be all right, then.
Susiex
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There are hundreds of rock clichés, used again and again, not only in content, but titles too. At one point there were three different songs in the UK charts, all called, "The Power of Love" (Hughie Lewis and the News, Frankie Goes to Hollywood, and Jennifer Rush - Celene Dion did a version at some point too), so I don't think you'll have a problem because it's just three words in an otherwise original piece of writing. If we could sue for fragments of three words I'd take a case out against every other writer who used the phrase, "and then he".
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Heh heh, Colin
Thanks, that's reassuring.
Susiex
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And you could play around with the phrase. No reason why your chorus couldn't be strip me, strip me down, strip me right now etc.
Oh gawd. i really have been listening to Pop Party Five on a loop since Christmas...
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Susiex