Can we title our stories with a song title?

OnlyByMoonlight

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I have this story and the only title I can come up with for it is the name of a song. It fits perfectly and I plan on having the characters referring to the song in it. I just want to know if I can title my story with the song name or if that might violate copyright laws?
 
Fair well to Arms

Was already a well known poem written by someone else before Hemingway decided to make it the title of his novel. In that case I believe the book had nothing to do with the poem, but he just liked the title.
 
Interesting

Fair well to Arms

Was already a well known poem written by someone else before Hemingway decided to make it the title of his novel. In that case I believe the book had nothing to do with the poem, but he just liked the title.

I did not know that
 
I have a whole series of stories based on and titled as songs.

It's fine.
 
yep, you sure can. One of my best rated stories has the title of a song the characters sing to each other as its title.
 
I have this story and the only title I can come up with for it is the name of a song. It fits perfectly and I plan on having the characters referring to the song in it. I just want to know if I can title my story with the song name or if that might violate copyright laws?

That would meet the requirements of "Fair Use". If your story becomes a blockbuster movie, you might have to make a deal with someone.
 
Fair use doesn't apply. That's purely for library and academic use.

And it doesn't have to apply. Titles are specifically exempted from copyright protection by law.
 
Fair use doesn't apply. That's purely for library and academic use.

And it doesn't have to apply. Titles are specifically exempted from copyright protection by law.

True, but a character can sing the lyrics of a song and not infringe.
 
True, but a character can sing the lyrics of a song and not infringe.

Well, no, actually. That again has nothing to do with fair use. And it's part of the text, so it's covered by copyright law. There's no set number of words you can use, but if a character hummed more than a line and a half, your head is on the lyric owner's chopping block--not that they sue very often.
 
Well, no, actually. That again has nothing to do with fair use. And it's part of the text, so it's covered by copyright law. There's no set number of words you can use, but if a character hummed more than a line and a half, your head is on the lyric owner's chopping block--not that they sue very often.

They would certainly be welcome to a share of all the money I have made on Lit.
 
They would certainly be welcome to a share of all the money I have made on Lit.

That's probably why you wouldn't be sued--that and the fact that no one they knew is likely to read the story. Even though the music industry is the most litiguous on copyright.

So functionally it comes down to what one writer is going to do in terms of respecting the ownership rights of another writer.
 
That's probably why you wouldn't be sued--that and the fact that no one they knew is likely to read the story. Even though the music industry is the most litiguous on copyright.

So functionally it comes down to what one writer is going to do in terms of respecting the ownership rights of another writer.

Then there is the problem of actually finding us.
 
That's probably why you wouldn't be sued--that and the fact that no one they knew is likely to read the story. Even though the music industry is the most litiguous on copyright.

So functionally it comes down to what one writer is going to do in terms of respecting the ownership rights of another writer.

You can't own a song title. I don't know the name of the song in question, but there is a good chance the composer or lyricist copied it from somewhere else.

Originally Posted by Jagged
Fair well to Arms

Was already a well known poem written by someone else before Hemingway decided to make it the title of his novel. In that case I believe the book had nothing to do with the poem, but he just liked the title.

"Fair well to Arms"?
 
You can't own a song title. I don't know the name of the song in question, but there is a good chance the composer or lyricist copied it from somewhere else.

Right, you can't own a song title. And I said that on this thread. So, is there a point?

This part of the discussion was about the actual song lyrics inside the text.
 
Right, you can't own a song title. And I said that on this thread. So, is there a point?

This part of the discussion was about the actual song lyrics inside the text.

Okay, I'm still referring to the first post.

Originally Posted by sr71plt
Well, no, actually. That again has nothing to do with fair use. And it's part of the text, so it's covered by copyright law. There's no set number of words you can use, but if a character hummed more than a line and a half, your head is on the lyric owner's chopping block--not that they sue very often.

What does humming have to do with lyrics? :confused:
 
I have written over a dozen stories or more using song titles. In fact I just entred 'Purple Rain' in the Holiday contest. When using lyrics on Lit, make sure you stay under 50% of the lyrics. That comes straight from the top.

Good luck in your writing. Oh, I have 'Over the Rainbow' coming out later this week. Also to brag a little, "You Gave Me A Mountain" took top spot in the non-erotic catagory last year.

Good luck in your writing endevors.
DG
 
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