QUESTION

Is it legal to use the title of a famous song in fanart work not related to the music industry?

Asked on Oct 07th, 2012 on Entertainment Law - California
More details to this question:
Let's say I want to make non-profit fan artwork (digital banner or poster) that includes the title of a well known song (just the title; no logos or graphics of any kind). Would that be considered a legal infringement?
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2 ANSWERS

Entertainment Attorney serving Beverly Hills, CA at MindFusion Law, LLP
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If the song has been registered for intellectual property protection it is protected against unauthorized use. Although you may claim it is for non-commercial purposes, protected works have the ability to make a claim simply for unauthorized use. You should get permission.
Answered on Oct 09th, 2012 at 9:22 AM

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Susan Marie Basko
Song titles are not subject to Copyright. But, you should check to see if the song title has been registered as a trademark for some purpose. For example, "Lady Madonna" is the name of a famous Beatles song, but it is also registered as trademark for a maternity clothing company. While your work of art may not interfere with that trademark, it might also, and that is why it is good to talk with a lawyer about what you plan to do exactly. Also, if you are planning to create a picture of your favorite music artist, and then have those printed up as posters, you are likely violating that artist's right of publicity. Right of publicity does not apply if it is a "single and original work of fine art." It is "single" if there is one, but if you are having it printed up, it is not single. It is "original" if it is truly your own creation, but it is not original if you are copying an album cover or photograph. "Fine art" can be a painting, photograph, drawing, etc., but is usually separated by a thin line from commercial art. Today, this line is often blurred and hard to distinguish, but there are certain hallmarks that have been mentioned in court cases and legal guides. Copyright, trademark, and right of publicity work hand in hand and are very complex. I suggest you talk with a lawyer.
Answered on Oct 08th, 2012 at 5:09 PM

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