QUESTION

Do I need a copyright permission if the title of the song and its singer was mentioned to the song I have written?

Asked on Oct 30th, 2013 on Entertainment Law - California
More details to this question:
I have written a song which refers to a popular song by title in a stanza. One of the refrain variate also refers to its singer by initial (by which the singer often called). Do I need permission to do this?
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4 ANSWERS

Theodore M. Roe
There are several other questions you should be asking first. For example, is the track title or singers name a registered trademark? If so you would likely need permission, unless your use falls into an exception. Also are the track or singer's name being used in a way that would be derogatory or dilute their value? If so it's likely a violation. In the end you should contact a qualified entertainment attorney who can obtain all the relevant information before giving you an answer.
Answered on Nov 05th, 2013 at 2:43 AM

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Mere reference without any actual use of the work is generally allowed as fair use of the trademarks mentioned, rather than the actual copyrighted work itself.
Answered on Nov 04th, 2013 at 4:17 AM

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Acquisitions Attorney serving Lincoln, NE at Jayne L. Sebby
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Since titles and names can't be trademarked or copyrighted, you don't have to worry about violating those laws. However, each artist has the right to control the use of his or her name. You would be better off referring indirectly to both the song and the artist's initials.
Answered on Nov 04th, 2013 at 3:54 AM

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Susan Marie Basko
You should discuss the specifics with a lawyer who knows music law and intellectual property rights law. The things you might be violating are right of publicity or trademark. These are complex issues and to answer your question, the exact facts are needed.
Answered on Nov 04th, 2013 at 2:16 AM

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