You’re writing a scene where your character turns on the radio. A song plays — the perfect song — and two lines of lyrics capture the moment exactly. So you type them in. Then a tiny thought appears: “Wait… am I actually allowed to do that?”
Every writer does it at some point.
You’re writing a scene where your character turns on the radio. A song plays — the perfect song — and two lines of lyrics capture the moment exactly. So you type them in.
Then a tiny thought appears: “Wait… am I actually allowed to do that?”
Short answer? Usually, no.
Long answer? Pull up a chair.
An important note before you keep reading: I am not a lawyer, I am a writer. This article is general information only and not legal advice. Copyright and licensing law is complex. You must seek independent legal advice before publishing any copyrighted material.
Right. Now we can talk safely.
Why Song Lyrics Are Protected So Strictly
Song lyrics are literary works under Australian copyright law. That means they are protected the moment they are written — just like your novel, poem, or blog post.
In Australia, copyright lasts 70 years after the death of the songwriter.(Australian Copyright Act 1968 — summary provided by the Australian Copyright Council) So unless the songwriter died more than 70 years ago, you must assume the lyrics are protected.
And yes — even one line is protected.
But I’m Only Quoting a Small Amount…
This is where most writers get caught. Australia does have a concept called “fair dealing”. But it is not the same as the American “fair use” many writers read about online.
In Australia, fair dealing only applies for specific purposes:
- Research or study
- Criticism or review
- Parody or satire
- Reporting news
- Legal or professional advice
Fictional storytelling does not fall into these categories. Meaning that putting song lyrics into your novel for mood, characterisation, or scene setting is not fair dealing.
How Much Can I Quote Without Permission?
Here’s the uncomfortable truth: There is no legally safe minimum word count.
Even a short recognisable phrase can be infringement if it’s a “substantial part” of the original work.
The Australian Copyright Council explains it like this: “Substantial does not mean amount — it means importance to the original work.” Which means:
- One recognisable lyric line = potentially infringement
- Two lines = definitely infringement
- Chorus = absolutely infringement
And remember: music publishers actively monitor printed lyric use.
What Happens If I Ignore This?
Best case: Your publisher tells you to remove it.
Worst case: The music rights holder issues a takedown or legal claim.
Major publishing houses routinely reject manuscripts containing unlicensed song lyrics because clearing rights is expensive and slow.
But I’ve Seen Lyrics in Other Books…
Yes — but those authors or publishers paid for a licence.
Music lyric licensing is handled by rights agencies such as:
- APRA AMCOS (Australia & NZ)
https://www.apraamcos.com.au - AMCOS Print Licensing (for printed lyric use)
https://www.apraamcos.com.au/music-licensing/music-licences/print-music-licence
Licensing fees vary and are often far beyond what an individual author can afford — especially for commercial release.
That’s why most novels avoid direct lyric quotation entirely.
What Can You Safely Do Instead?
This is where good writing saves you. Instead of quoting lyrics, you can:
- Refer to the song title
- Describe the mood
- Mention the artist
- Let the character hum along
- Describe emotional reaction
Example:
❌ “We were both young when I first saw you…”
✔ “Taylor Swift drifted from the tinny car speakers, and she turned it up, smiling like she’d waited her whole life for that song.”
Same emotional effect.
No infringement.
Song titles are not protected by copyright — so you can safely name the song.
What About Public Domain Songs?
If a songwriter died more than 70 years ago, the lyrics may be public domain. This may include traditional folk songs, classical composers and/or early 20th century works (depending on author death date).
But be careful: modern arrangements and translations can still be copyrighted.
International Publishing Makes This Even Stricter
If your book will be sold in the US or UK, lyric enforcement is even more aggressive.
The US Authors Guild warns writers: “Using song lyrics in fiction without permission is almost always infringement.”UK Society of Authors guidance echoes the same sentiment.
Which means if you plan global distribution — don’t do it.
The Safe Rule for Writers
If you didn’t write the lyrics and the songwriter isn’t long deceased and you don’t have written permission — Don’t include the lyrics.
Refer. Describe. Evoke. But don’t quote.
A Final Word From One Writer to Another
Great scenes don’t need borrowed lyrics to work.
If your writing can’t carry the emotion without quoting a song, the lyric isn’t the solution — the scene is.
And that’s something fully under your control.
Final Legal Disclaimer
This article is general information only and does not constitute legal advice. Copyright and licensing law is complex. You must seek independent legal advice before publishing any copyrighted material.
Trusted Sources & Further Reading
Australian Copyright Council — Copyright Basics
https://www.copyright.org.au
Australian Copyright Council — Fair Dealing
https://www.copyright.org.au/information/factsheets
APRA AMCOS — Print & Lyric Licensing
https://www.apraamcos.com.au/music-licensing/music-licences/print-music-licence
Australian Society of Authors — Permissions Guidance
https://www.asauthors.org/resources/permissions
Authors Guild (USA) — Permissions & Copyright
https://authorsguild.org/resource/permissions-and-copyright/
Society of Authors (UK) — Copyright Advice
https://societyofauthors.org/advice/copyright-and-permissions