A Question of Title...

[janiexx]

I am hoping that all the friendly people here on the AH will help me with my question ...

I have used U2 song titles for the titles of my stories here on Literotica. I'm a big fan of U2 and find it easy to fit the titles to my stories.

(No-one seems to have noticed yet, but I was going to offer a prize to the first person who did. Of course, I can't do that now..)

Anyway, my query is - is it against copyright laws to do this? Or is it just lyrics of songs that are covered by the laws?

I have just written a short story called "Even Better than the Real Thing" and just wanted to check before I carry on regardless...

Many thanks, in advance, for any wise words.

janiexx

 

[Guest]

I am hoping that all the friendly people here on the AH will help me with my question ...

I have used U2 song titles for the titles of my stories here on Literotica. I'm a big fan of U2 and find it easy to fit the titles to my stories.

(No-one seems to have noticed yet, but I was going to offer a prize to the first person who did. Of course, I can't do that now..)

Anyway, my query is - is it against copyright laws to do this? Or is it just lyrics of songs that are covered by the laws?

I have just written a short story called "Even Better than the Real Thing" and just wanted to check before I carry on regardless...

Many thanks, in advance, for any wise words.

janiexx

It's a good thing to check, but I don't think you can copyright a title unless there is something terribly specific about it. If you were, say, to run a title on Amazon, you could find a dozen or more books with the same title. Same with songs on I-tunes or Napster. Particular strings of common words, especially if they aren't highly distinct or include common expressions, aren't always copyrightable.

That being said, it's usually a good idea to check. Some titles -- say, "Jane Eyre" or something like that -- are distinct and well known and would very likely raise an eyebrow, mostly against your credibility more than your copyright infiringement (I know, it's public domain, was just an example!)

Since you aren't publishing for profit and aren't going to interfere with the money made from the song, I don't think there is an actionable copyright issue. You might even be said to encourage consumption of the song -- and whose to say they didn't lift the title originally from something else?

It's a fuzzy area sometimes, so it pays to check. Good luck with your writing.

 

[oggbashan]

If you used quotations from books in the public domain, such as Shakespeare, you would be in no difficulty.

Quoting from lyrics would breach U2's copyright unless it was fair usage for review purposes e.g. writing an article about U2.

Technically you would be breaking UK, European and Worldwide copyright law. I put it like that because the three are different. UK laws are stronger than European, European are stronger than Worldwide.

In practice I doubt anyone would object because this a free site and you are not making money from your writing.

In law, U2, or the owners of the copyright, would have to sue you. For some of their titles that would be difficult because the words are not necessarily original to U2 - but you have just admitted that you are using their titles and have given their lawyers evidence against you.

However, it is likely that your work would be considered a minor form of 'Fanfic' and ignored.

To conclude: It is wrong in law but unlikely to cause any problem because it is such a minor breach not worth pursuing.

Og

PS. However, if you became the next J K Rowling using U2 titles? Then you would be worth suing.

 

[Kev H]

No wise words, just the very amusing coincidence that out of the 1100+ songs, my iTunes player was playing "If God Will Send His Angels" at the same moment I checked this thread. Love it when things like that happen.

 

[janiexx]

Wow!

It's a good thing to check, but I don't think you can copyright a title unless there is something terribly specific about it. If you were, say, to run a title on Amazon, you could find a dozen or more books with the same title. Same with songs on I-tunes or Napster. Particular strings of common words, especially if they aren't highly distinct or include common expressions, aren't always copyrightable.

That being said, it's usually a good idea to check. Some titles -- say, "Jane Eyre" or something like that -- are distinct and well known and would very likely raise an eyebrow, mostly against your credibility more than your copyright infiringement (I know, it's public domain, was just an example!)

Since you aren't publishing for profit and aren't going to interfere with the money made from the song, I don't think there is an actionable copyright issue. You might even be said to encourage consumption of the song -- and whose to say they didn't lift the title originally from something else?

It's a fuzzy area sometimes, so it pays to check. Good luck with your writing.

Thanks for the quick - and very wise - reply.

I probably will check and I would hesitate to use something very well-known for the title, such as "The Unforgettable Fire" or "I Still Haven't Found What I'm Looking For". And of course, some of their greatest hits such as "New Year's Day" and "One" are easily interpreted as something else.

Regards
janiexx

 

[janiexx]

PS. However, if you became the next J K Rowling using U2 titles? Then you would be worth suing.

Now I'm really laughing!!! Have you read my stories??

Thanks for your help,
janiexx

 

[Colleen Thomas]

To my knowledge you cannot copyright a title. That is to say, you can copyright the partiular lyrics and the muci, but the title itself can't be copyrighted.

So if you want to call you're story, the charge of the light brigade, Tennyson wouldn't be able to sue (were he still around). If you quoted the poem or use dparts of it, he could.

that is at least, my understanding.

 

[janiexx]

To my knowledge you cannot copyright a title. That is to say, you can copyright the partiular lyrics and the muci, but the title itself can't be copyrighted.

So if you want to call you're story, the charge of the light brigade, Tennyson wouldn't be able to sue (were he still around). If you quoted the poem or use dparts of it, he could.

that is at least, my understanding.

Thanks very much, that's reassuring. I had visions of U2 heavies turning up at my door ordering me to pay them millions...

And I'm down to my last few hundred thousand...

janiexx

 

[Colleen Thomas]

Thanks very much, that's reassuring. I had visions of U2 heavies turning up at my door ordering me to pay them millions...

And I'm down to my last few hundred thousand...

janiexx

In general, if you arent making anything for the works, your risk of a copyright infringement charge is minimal. Even in the case of egridious violation, it's hard to win dmages if the person made nothing from the effort.

 

[zeb1094]

To my knowledge you cannot copyright a title. That is to say, you can copyright the partiular lyrics and the muci, but the title itself can't be copyrighted.

So if you want to call you're story, the charge of the light brigade, Tennyson wouldn't be able to sue (were he still around). If you quoted the poem or use dparts of it, he could.

that is at least, my understanding.

But in music the titles are usually lyrics of the song. So using the title is quoting the lyrics, right?

 

[janiexx]

Ohhhh...

But in music the titles are usually lyrics of the song. So using the title is quoting the lyrics, right?

Wish I'd kept my mouth shut now...

janiexx

 

[janiexx]

Maybe I should have looked on here first...

And saved everyone a lot of bother -

http://www.is4profit.com/busadvice/copyright/basic_copyright_facts/1_more_about_copyright.htm

janiexx

 

[oggbashan]

That is simplified advice on Copyright.

The law on copyright is complex and makes lots of money for lawyers.

Just make sure you are not the one paying the lawyers.

Og

 

[janiexx]

That is simplified advice on Copyright.

The law on copyright is complex and makes lots of money for lawyers.

Just make sure you are not the one paying the lawyers.

Og

Og,

Do you like frightening newbies??

janiexx

 

[cheerful_deviant]

But in music the titles are usually lyrics of the song. So using the title is quoting the lyrics, right?

Personally I wouldn't worry about any of it. Most sone titles are short and common phrases. Even a long song title like "Still haven't found what I'm looking for" is a common phrase. If that phrase was really copywriteable then every time it was used in a movie or TV show royalties would have to be paid to U2.

Even lawsuits over songs with lyrics and music that are a close copy are often thrown out because they are just different enough. With music it's tough to prove that you really copied another artist because so many songs are essentially about the same things, love, death, etc.

For example, a search on iTunes of 'I Love You" pulled up 196 hits. About 40 songs all titled the same by many different artists and several albums all titled the same.

 

[cloudy]

Personally I wouldn't worry about any of it. Most sone titles are short and common phrases. Even a long song title like "Still haven't found what I'm looking for" is a common phrase. If that phrase was really copywriteable then every time it was used in a movie or TV show royalties would have to be paid to U2.

Even lawsuits over songs with lyrics and music that are a close copy are often thrown out because they are just different enough. With music it's tough to prove that you really copied another artist because so many songs are essentially about the same things, love, death, etc.

For example, a search on iTunes of 'I Love You" pulled up 196 hits. About 40 songs all titled the same by many different artists and several albums all titled the same.

Exactly.

My holiday story was titled "I Alone" and I used lyrics, properly credited, of course, from the song of the same name by Live.

 

[janiexx]

ahhh...

Personally I wouldn't worry about any of it. Most sone titles are short and common phrases. Even a long song title like "Still haven't found what I'm looking for" is a common phrase. If that phrase was really copywriteable then every time it was used in a movie or TV show royalties would have to be paid to U2.

Even lawsuits over songs with lyrics and music that are a close copy are often thrown out because they are just different enough. With music it's tough to prove that you really copied another artist because so many songs are essentially about the same things, love, death, etc.

For example, a search on iTunes of 'I Love You" pulled up 196 hits. About 40 songs all titled the same by many different artists and several albums all titled the same.

Thanks to everyone for your thoughts and replies.

I'll breathe a big sigh of relief and off to bed!

janiexx

 

[oggbashan]

Og,

Do you like frightening newbies??

janiexx

No.

Newbies or regulars get the same quality of advice, if they ask.

To quote myself:

To conclude: It is wrong in law but unlikely to cause any problem because it is such a minor breach not worth pursuing.

It would break copyright law and could be prosecuted if someone had a large amount of disposable cash and felt vindictive. Whether they would win and you lose? Depends of the quality of their legal team - and yours. Money would buy the best...

Og
(VICE-President of his local Chamber of Commerce)

 

[janiexx]

No.

Newbies or regulars get the same quality of advice, if they ask.

To quote myself:



It would break copyright law and could be prosecuted if someone had a large amount of disposable cash and felt vindictive. Whether they would win and you lose? Depends of the quality of their legal team - and yours. Money would buy the best...

Og
(VICE-President of his local Chamber of Commerce)

Og,

Thanks for your advice - I was only joking about you frightening me...

I am going to submit "Even Better Than The Real Thing" today as the title fits the story perfectly.

Regards
janiexx

 

[john-the-author]

Thanks very much, that's reassuring. I had visions of U2 heavies turning up at my door ordering me to pay them millions...

And I'm down to my last few hundred thousand...

janiexx

Yes, definitely, you're safe if you use a title. They're uncopyrightable. They can be trademarked, possibly, but it's not an issue here.

Write a story with a title of "Puff the Magic Dragon" or "A Hard Day's Night" or "Lara's Theme" as you prefer.

 

[janiexx]

Hmmmmm...

Yes, definitely, you're safe if you use a title. They're uncopyrightable. They can be trademarked, possibly, but it's not an issue here.

Write a story with a title of "Puff the Magic Dragon" or "A Hard Day's Night" or "Lara's Theme" as you prefer.

Puff the Magic Dragon??

You've just given me an idea... lol

Thanks John!

Jane

 

[chris 44]

Og,

Do you like frightening newbies??

janiexx

Janie, everyone likes frightening newbies. But only a little (to use a phrase spoken by Johnny Depp in 'Pirates of the Caribbean'. Most of us are only too willing to help as you have now discovered.
Chris

 

[janiexx]

Janie, everyone likes frightening newbies. But only a little (to use a phrase spoken by Johnny Depp in 'Pirates of the Caribbean'. Most of us are only too willing to help as you have now discovered.
Chris

Yes, that's very apparent - it's great the amount of help you can find on here.

Regards
janiexx

 

[john-the-author]

Puff the Magic Dragon??

You've just given me an idea... lol

Oh, dear God.