Song lyrics, photographs, and real brand names each carry their own specific legal considerations, and the rules of thumb that apply to quoting prose don't transfer cleanly to any of them, most authors assume more latitude than they actually have with lyrics especially. Treating these three categories as interchangeable with ordinary text quotation is one of the more common and avoidable mistakes in self-publishing.
This article provides general information, not legal advice.
This is part of the Complete Guide to Copyright for Authors.
Treat song lyrics as essentially requiring permission in almost every case, even a single line. Music publishers and rights holders actively monitor and enforce lyric usage, and courts have generally given song lyrics strong protection given how few words carry substantial creative and commercial value in a song. If you want to reference a song meaningfully in your book, the safest approach is naming the song and artist without quoting the actual lyrics ("She hummed along to her favorite breakup song" avoids the issue entirely). If the lyric is genuinely essential to a scene, seek licensing through the Harry Fox Agency, the publisher directly, or a licensing service, and be prepared for this to cost money and take time. Don't assume a short quote, an epigraph, or "just the chorus" is safe; these are exactly the uses that have led to real legal disputes for authors who assumed otherwise.
Using a photograph you didn't take yourself, whether in your book's interior or on your cover, generally requires either a license (stock photography, purchased rights) or explicit permission from the photographer or rights holder. A few specific considerations apply. Stock photo licenses have specific terms worth reading carefully, since some restrict commercial use, require attribution, or limit how the image can be modified, and a photo being publicly available online, on social media or a personal blog, doesn't mean it's free to use; the photographer or subject retains rights regardless of how easy the image is to find or save. Photos of identifiable people also carry considerations beyond copyright, including privacy and right of publicity concerns, especially if used commercially, like on a book cover. Public domain and Creative Commons images can be used more freely, but check the specific license terms, since not all Creative Commons licenses permit commercial use or modification.
Mentioning real brand names, products, or trademarks in your book is generally permitted for accurate, incidental reference, a character drinking a specific soda brand, driving a specific car model, is usually fine and common in published fiction. The concerns arise in more specific situations:
Generally, accurately mentioning a real brand as part of your story's texture and realism is low-risk; using it in a way that damages the brand's reputation, implies false endorsement, or reproduces its visual trademark carries more genuine risk.
| Material | General approach |
|---|---|
| Song lyrics | Assume you need permission, even for a single line |
| Photos you didn't take | License or get explicit permission |
| Brand names, mentioned in text | Generally fine for accurate, incidental reference |
| Brand logos or visual trademarks | Avoid without explicit permission |
| Public domain or properly licensed images | Generally safe, check specific license terms |
If you determine you need permission for lyrics, images, or trademark use, start the process early, since licensing negotiations can take weeks or months, and some rights holders may decline or set conditions you'll need to work around. Factor this into your production timeline, especially if a specific lyric or image is central to your book's concept.
Have Questions About Content in Your Manuscript?
While Entrada doesn't provide legal advice, our editors can help flag lyrics, images, or brand references worth a closer look before publication.
Generally, no, not without permission. Song lyrics are treated much more strictly than prose quotes under fair use, and even a single line has led to real legal disputes for authors who assumed it was safe.
Crediting a photographer doesn't substitute for permission or a license. You generally need explicit permission or a proper license to use someone else's photograph, regardless of attribution.
Generally yes, for accurate, incidental reference, which is common in published fiction. The risk increases if the use implies false endorsement, damages the brand's reputation, or reproduces the brand's actual logo.
Through the rights holder directly, a licensing agency such as the Harry Fox Agency, or a music licensing service. Expect this to take time and potentially cost money.