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Can You Use the Name of A Sports Star in the Title & Lyrics of an Original Song Without Prior Permission?

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HiFi

Member
What is the name of your state?CA

My band is planning to record an Original Song using the name of a Sports Star in the title & lyrics without any permission from the Sports Star. If it matters it is a positive song. As far as I know, this is breaking no copyright laws (by using the name of a Celebrity) in the title and lyrics of an original recording. Am I correct because we don't want to record it and get sued by the Sports Star. Thank you for your input.
 


Taxing Matters

Overtaxed Member
It is not a copyright violation. But you might be infringing on the person's right of publicity and/or trademark. Even if that were not the case, nothing prevents the person from suing you. Even if he or she doesn't win, you may expend a lot of money defending the claim.
 

quincy

Senior Member
What is the name of your state?CA

My band is planning to record an Original Song using the name of a Sports Star in the title & lyrics without any permission from the Sports Star. If it matters it is a positive song. As far as I know, this is breaking no copyright laws (by using the name of a Celebrity) in the title and lyrics of an original recording. Am I correct because we don't want to record it and get sued by the Sports Star. Thank you for your input.
Nothing prevents the sports star from pursuing a legal action against you if the sports star objects to your use of his/her name in the title or lyrics of your song.

There are a few possible areas of legal concern - trademark law, defamation, invasion of privacy/false light, infringement on publicity rights ...

What sort of success this sports star would have with any lawsuit depends on, among other things, the sports star, the exact content of your lyrics, and the litigiousness of the sports star.

You would be smart to have the specifics personally reviewed by an attorney in your area.
 

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