Could you write stories based off of songs and get them published without getting sued by the band who made them? Also, is writing a story based off of a song considered fan fiction even if the band isn't mentioned?
It's how much of the song you use that seperates fiction from fanfiction. If the story is simply inspired by the song--that is, there are a lot of elements that are the author's own--then it's original fiction. If the story is a fictional transcription, then it's probably a a fanfiction (a "songfic").
The thing is, fan fiction isn't published, except on fanfiction websites and the like. Most contests will specify "original fiction only". So if you're writing for yourself, or for a fanfiction site, go ahead and borrow heavily. If you're writing to be published, use elements, but make the story your own.
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As long as you don't go off and use half the song as dialogue I think it's fine
If you simply use it as inspiration, or base it on things that happen in the song, there is no real problem unless you take it too far.
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