Movie titles as song titles?

[DavidElliot]

Hello! I am an aspiring musician in Europe and I need some advice.

I do a genre of music called "Nerdcore". I sing and rap about geek-related subjects like science fiction, fantasy, and gaming. I've written and produced an entire album and I'm getting ready to release it and sell it online.

A good deal of the songs, and Nerdcore, in general, pay homage to science fiction films. I use some of the movie/series/game/book titles as song titles, but the lyrics are mine. I reference some specific character names and places in the lyrics, but I don't lift quotes directly from the media to which I'm paying homage.

Here are the titles that match up exactly to the films/book/game/tv series:

"Dune"
"Firefly"
"The Fifth Element"
"Ghost in the Shell"
"Blade Runner"
"Dungeons and Dragons"

Can I legally sell these songs? Will I be infringing on copyright or trademark if I use movie/book/game/tv series titles as song titles? I would prefer not to change the titles of the songs, but I understand if it's necessary.

I would appreciate any advice you have.

 

[FlyingRon]

Titles (either movie, book, or song) are not protected by copyright.

You very much can have issues with the trademarks. A lot of movie companies are extremely litigious when it comes to their marks.

 

[quincy]

Hello! I am an aspiring musician in Europe and I need some advice.

I do a genre of music called "Nerdcore". I sing and rap about geek-related subjects like science fiction, fantasy, and gaming. I've written and produced an entire album and I'm getting ready to release it and sell it online.

A good deal of the songs, and Nerdcore, in general, pay homage to science fiction films. I use some of the movie/series/game/book titles as song titles, but the lyrics are mine. I reference some specific character names and places in the lyrics, but I don't lift quotes directly from the media to which I'm paying homage.

Here are the titles that match up exactly to the films/book/game/tv series:

"Dune"
"Firefly"
"The Fifth Element"
"Ghost in the Shell"
"Blade Runner"
"Dungeons and Dragons"

Can I legally sell these songs? Will I be infringing on copyright or trademark if I use movie/book/game/tv series titles as song titles? I would prefer not to change the titles of the songs, but I understand if it's necessary.

I would appreciate any advice you have.

FreeAdvice handles US law questions and legal concerns only. For advice that is most applicable to you, you will need to seek out assistance in your area of Europe. Copyright and trademark laws can vary in significant ways from country to country. If your lyrics were to spawn a lawsuit, it would be in your country, under your country's laws, that you would be sued.

I can tell you that, in the US, titles cannot be protected under our copyright laws. The IP laws that you would need to be concerned with in the US are trademark laws.

Also in the US, the use of character names and places taken from copyrighted works could fall under our fair use doctrine, depending on all sorts of different facts and factors. What the user of this material would probably need to worry about more than infringing on copyrights is disparaging the works by the use of the copyrighted material or affecting the value of the copyrighted work.

What is always smartest, regardless of where in the world you reside, is to seek out the permission of the rights-holder, prior to using any of their rights-protected material, this whether permission is technically needed or not. This is the best way to ensure that you are not sued by a rights-holder who takes exception to your use or your work.

Again, I recommend you seek out a personal review and assistance from an IP professional in your area of the world, prior to selling your album online. Good luck with it.

 

[FlyingRon]

Yeah, come out with a song called "Harry Potter" and see how long it takes WB to sue you. They've taken action in the US, the UK, and India to my knowledge.

 

[quincy]

Yeah, come out with a song called "Harry Potter" and see how long it takes WB to sue you. They've taken action in the US, the UK, and India to my knowledge.

Ah, yes. Using a famous trademark definitely comes with risks.

Anything that works to confuse or mislead a consumer as to the origin of the goods is likely to result in a cease and desist or a lawsuit. However, the use of "Harry Potter" in the lyrics of a song will generally not carry the same risk as would marketing a song under the title "Harry Potter."

Still, because there is the risk of a lawsuit whenever you use the copyrighted works of another or the trademark of another, seeking out an "okay" from the rights-holder is the smartest way to operate. That is what Weird Al has always done and he has stayed nicely lawsuit-free as a result.

 

[DavidElliot]

Thank you so much for your replies and advice. I really appreciate it!

 

[quincy]

Thank you so much for your replies and advice. I really appreciate it!

You're welcome, DavidElliot. FlyingRon and I appreciate the thanks.

The US Supreme Court once said that trademark laws should be applied to artistic works "only where the public interest in avoiding consumer confusion outweighs the public interest in free expression." Unfortunately, trademark holders often see consumer confusion in artistic works where none exists.

You could potentially be safe using partial titles (like "Harry" instead of "Harry Potter") or using trademarks that are generic words (like "Dune") and avoiding entirely the famous trademarks (because famous trademark holders also tend to have large legal teams just waiting to sue someone ).

But, as said before, getting permission from rights-holders eliminates the risk of a lawsuit - and if you can't get permission, it is best to come up with a different title.

I wish you much success with your album.