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by Fdemetrio - 04/25/24 01:36 AM
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by Fdemetrio - 04/20/24 12:36 PM
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Joined: Aug 2010
Posts: 18
Casual Observer
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OP
Casual Observer
Joined: Aug 2010
Posts: 18 |
I've recently "released" (online) and have been promoting an album of music under the artist moniker "All Those Ships." It occurred to me a couple days ago that this may be considered an infringement of copyright, as the name is a fairly obvious quote from the movie The Science of Sleep, not to mention the first half of the title of the poem "All Those Ships that Never Sailed" by Bob Kaufman. So I guess my question is, what's your opinion on the legality of using the name as a pseudonym to sell records? Should I worry about the possibility of having to change the name later on / getting sued or are three words in a row few enough that there would be no grounds for legal action?
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Joined: May 2004
Posts: 486
JPF Mentor
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JPF Mentor
Joined: May 2004
Posts: 486 |
You can't copyright a title. Having said that, I would make sure that somebody hasn't beaten you to the trademark office and filed a trademark for that term, because if they have they can tell you to stop using it. This is also important for the future as trademark trumps domain name (in other words, you could be using the term to promote your work and to include in your web address and someone could register a TM in the future and then tell you to stop using it - so, bottom line, you should consider doing the TM registration yourself. A TM attorney will do a search for you to find out if there are any prior registrations or confusingly similar uses in the market place).
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Joined: Apr 2006
Posts: 6,114
Top 40 Poster
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Top 40 Poster
Joined: Apr 2006
Posts: 6,114 |
Thanks Stu, I think that I already know the answer, but want to pick your brain anyway.
I did something similar. I named a song after a book that I read. It was a history book. I put the book into a song.
I got permission to do the project from the authors (via e-mail), but they did warn me to check with the publisher first.
Even if the author loves the song, Does the publisher still hold the rights? Can the publisher demand for me to stop, regardless of the authors love of the song?
Edit: Just realized that I hijacked this thread. Apologies to AllThoseShips.
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Joined: May 2001
Posts: 2,891 Likes: 6
Top 100 Poster
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Top 100 Poster
Joined: May 2001
Posts: 2,891 Likes: 6 |
I would guess that a fair percentage of group names and song titles are from copyrighted works (films, books, songs etc.) I can’t see you having a problem unless you are using a name or title that has been copyrighted. So that’s why we can have artists such as: Duran Duran (Barbarella) Toto (Wizard of Oz) T’Pau (Star Trek) And songs such as Wuthering HeightsThat’s EntertainmentBreakfast At Tiffany’sSo unless you are thinking of calling your band Coca Cola, 20th Century Fox or Budweiser you are unlikely to have a problem. As far as ‘All Those Ships’ goes your only issue would be if there is another band with that name. Cheers Nige
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