Can Songwriters Use Lyrics That Are Similar to Songs They Don’t Own?

In a recent incident, talented songwriter Cole Swindell faced scrutiny for using lyrics from another song in his hit "She Had Me At Hello Carolina." This raises the question: is it permissible for songwriters to use lyrics from other songs, even if they change them a bit? To understand the complexities of this issue, we need to delve into the nuances of copyright, originality, and ethical songwriting practices.

Copyright and Intellectual Property

Using lyrics from another song is often seen as an infringement of intellectual property. For instance, when John Lennon used two lines from Chuck Berry's song and faced criticism, it is clear that using another artist's work without proper authorization can have serious consequences. In the case of Cole Swindell, his use of lyrics from another song, even if slightly altered, may still raise eyebrows due to the risk of copyright infringement. Ordinarily, songwriters are required to either obtain permission from the owner of the copyrighted material or create their own lyrics.

Why Would One Do So?

There are several reasons why a songwriter might use lyrics from another song. One reason could be to demonstrate a lack of creativity, which can be damaging to an artist's reputation. Another reason might be to piggyback on an existing idea or concept. In such cases, the borrowed concept is rephrased with different words to create something slightly different. While this might avoid legal issues, it still risks damaging the song's authenticity and the artist's reputation.

Are We Sure We Can Do This?

The answer is not a simple yes or no but hinges on the degree of similarity. If a songwriter incorporates lyrics that are nearly identical to another song, like the famous line in John Lennon's "Imagine," it would likely constitute a copyright violation. However, if the lyrics are altered significantly, they might not pass legal muster but could still enter the public domain and face criticism for similarity. Here’s an example:

Example of Rephrasing Lyrics

Consider the line from John Lennon's "Imagine": "Imagine all the people living life in peace." If a songwriter rephrases this to "Imagine if we lived in peace," it is still very similar and might be perceived as a rip-off by the public. However, the differences in meter and wording make it less likely to face legal challenges. But ethical considerations may still encourage the songwriter to change the lyrics even more significantly to avoid any issues.

Practical Advice for Songwriters

My personal advice to songwriters is to strive for originality and avoid any direct borrowing of lyrics or phrases. If you find yourself inadvertently writing lyrics that are similar to someone else's, make sure to adjust them enough to stay out of trouble. Here are the key takeaways:

Always aim to write your own lyrics from scratch. If you do end up with similar phrasing by accident, make significant changes to differentiate them. Stay alert to small phrasing similarities, as they can be detected by audiences and critics alike.

It's easier said than done, but by maintaining originality, songwriters can protect themselves from legal issues and maintain integrity in their work.

Conclusion

When it comes to writing and publishing songs, the rule of thumb is that all work should be your own. While minor similarities in phrasing might not raise legal alarms, ethical considerations and maintaining a strong reputation are equally important. By prioritizing originality, songwriters can create work that is both legally sound and artistically genuine.