Will I be breaking the copy write law?

[Karina Kantas]

I have written an anthology of short stories and flash fiction. All of the titles of the stories are taken from song titles belonging to a popular album, by a well-known band.

My stories have no similarities to the lyrics of the songs, apart from using the same title, and there is no mention of the band inside the book.

However the title of the anthology will be the same title of the album where the songs originate.

I’m hoping to publish the anthology, but I ‘m worried I may be breaking some copy write law.

Can anyone help, or give me some advice.

Many thanks in advance.

[Rich L.]

No. Song titles are not copyrighted (note spelling). For instance, anyone can write a song and call it Yesterday, so long as it bears no relationship to the Beatles version.

[Amber Scott]

My advice would be to see a lawyer. While you can't copyright titles, you could get in trouble if it seems like you're trying to market your book based on its song-related fan base (whether you really are or not).

[Jeanne Gassman]

You may not be in direct violation of copyright, but why would you want to do this? Why create so much confusion for the readers, especially if the stories have no relevance to the lyrics or song titles?


Jeanne

[Greg Kosson]

You are asking for trouble by seeking legal advice here.

[Mark Ellis]

You can't copyright the title of anything. You can trademark it but that's a whole different situation...and it takes a heck of a lot more to just stick a "TM" beside the title to trademark it.

[Karina Kantas]

Thanks for your opinions and comments.

I'm thinking of trying to contact the band directly, rather than making a mistake and paying for it later.


Jeanne: It's a project I've been working on for a while, and is very important to me. All the stories/flash fiction have relevance to the song titles, but not the song lyrics.

Rich: Okay, if the song titles are not copyrighted, what about the album title?

[Anthony Ravenscroft]

As Amber & Jeanne point out, you're clearly intending to piggyback your collection onto an established work. That's a derivative work, & may therefore be actionable -- in plain English, you could get sued for trying to cash in on someone else's success.

The band may or mayn't give you permission... assuming it's theirs to give. Such ancillary rights might be owned by the band's music publisher(s), in which case that's who you'd have to cut deals with, possibly including BMI or ASCAP -- & if you have no idea who they are, you're in over your head.

Either drop the whole idea & be original, or hire a lawyer -- there's really no "in between" here.

[Karina Kantas]

Got it.

Thankyou for giving it to me straight Anthony.

[Kathy Schultz]

Hi..I understand that there is no copyright on titles, that's why you can find several books with same titles.
I write my own lyrics that are related to my book, so you might want to check with Copyright and ask them, but I am sure that I am right on titles. In my case, I write lyrics and have the melody and was told by copyright that I could sing it, then pay someone who plays a musical insturment to put down the note I am singing and then it is all mine, he is only writing what notes I am singing. He is not actually composing my melody. So, check it out, copyright in Washington might give you the more accurate word without your having to pay legals.
Kathy