[leon1976]

Hi. Wondered if anyone had any links to sites covering what you can't use as a song title. I'm in a band and were warned against using a TV fictional character's name as a song title, as we might be seen to be 'gaming the system' when using online distributors. We have an EP coming out which is named after a fictional character from an 19th century novel. Wondered if we may fall into the same trap with this one. If anyone has any thoughts or advice it would be helpful. Been scouring the net but can't find anything specific. Thanks 

[Yodasdad]

Hi,

I can't really help with this one, never really thought about it until you mentioned it.

I guess if 'gaming the system' is the problem it would probably apply to anything copyrighted, trademarked, commercially succesful. I suppose it's that you are generating interest in your song off of the name of someone/something already successful and in the public eye.

Could you possibly change your title to allude to the character without naming them outright?

Sorry I can't be of more help, I'm sure someone on here can.

Yodasdad

[Sing4me88]

Surely there's a difference between 'gaming the system' and 'breaking the rules and/or law'.One is a creative way of increasing exposure, from what I read in your post. If this is simply about 'gaming the system' I'd say don't change a thing - as long as there's no copyright infringement anything that increased the profile of your song and/or band through Google searches etc can only be a good thing.

[Martinswede]

Hi!

I'm not that big on foreign law but it seem like fictional
and non-fictional names appear in song titles once in a
while.
Iron Maiden - Flight of Icarus
Ryan Adams - Sylvia Plath
Weezer - Buddy Holly

But you might mean using sites like Bandcamp I guess.
Don't know how they operate.

Martin

[hardtwistmusic]

I've no legal expertise in this area, and have never researched this particular case (using a fictional character's name in a title) but I'd be surprised if there were any significant legal barrier to using almost anything in a title.  The whole idea of copyrighting a name is legally silly in my opinion. 

For example -- if the "Man From Uncle" T.V. show from the sixties were to "copyright" the name "Napoleon Solo" (the lead character) then what happens if someone were named "Napoleon Solo" before the t.v. series.  Could said person sue the show for using HIS name? 

It's a legal can of worms that the t.v. show would be nuts to open.  If it were me, I wouldn't worry about it.  The worst that can happen to you is they send you a "cease and desist" order. 

[Binladeda]

 You could always ask the TV company. 

 If it were my song, I'd just release it and
 hope that I'd ruffled enough feathers to get
 some free publicity 

 Full speed ahead my friend, and damn the
 torpedoes

 You must be prepared to suffer for your art 

[Jenna]

Binladeda has a point.

Wasn't it just recently that the Eagles sued a company in Mexico that used "Hotel California" as the name of their establishment? It's not going over well with some of the fans. I've seen choice words for that floating around Facebook in the news commentary.

I think the advice to contact the company and request use of the name is sound. Disney is very strict with their copyrights. I would imagine if you don't see any other titles or references using your chosen character, that there's probably a legal reason for it. A good way to find out is to check YouTube for the character videos. If they exist, it's possible you could get away with it for a short while without being noticed. Just have a decent backup title in mind in case you're forced to change it.

[Gill]

Well all I know is that using someone that existed in real life's name in a title isn't illegal or anything. Pharrell Williams - Marilyn Monroe is a song right?

[Wicked Deeds]

I know tha Prefab Sprout had to rename their album 'Steve McQueen' to 'Two Wheels Good' for the Release of this album in America as They couldn't obtain permission to use the original title.

Paul

[Sing4me88]

Well all I know is that using someone that existed in real life's name in a title isn't illegal or anything. Pharrell Williams - Marilyn Monroe is a song right?

Indeed, there's also The Wanted 'Walks like Rihanna', Charlie Puth & Meghan Trainor's 'Marvin Gaye' and Fall Out Boy's 'Uma Thurman' to name just a few more

[Jenna]

Here in orange man land, I don't believe it is illegal to use a real person's name, but to cover your backside it is best to get permission from them in writing before doing so. The main thing to be concerned with in that instance is the sort of content tied to their name. Someone could have you charged with libel or slander if you included anything false that stained their image. There's always a little minefield to step around, isn't there?

I believe Steve McQueen is a fictional character that would be owned by film production company, so it doesn't surprise me that one had to be renamed. The US entertainment industry protects their copyrights like no other. They're very possessive of their intellectual properties, and they have the lawyers and funding to destroy anyone that violates the copyrights.

[CaliaMoko]

Steve McQueen was a famous actor in the USA. He died in 1980. He was in a lot of movies--a couple of the most famous were "Bullitt" and "The Magnificent Seven". Someone must have trademarked his name or something, if it can't be used as a title.

[Jenna]

Steve McQueen was a famous actor in the USA. He died in 1980. He was in a lot of movies--a couple of the most famous were "Bullitt" and "The Magnificent Seven". Someone must have trademarked his name or something, if it can't be used as a title.

Goes to show how much I know about American cinema personalities! Shhh. Don't tell anyone. I never keep track of them. 

[CaliaMoko]

Plus, he must be before your time, anyway, right??

[Jenna]

I was pretty young when he was popular. Enough before my time that I thought he was a character rather than a person.