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