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| From | "Jaimie Vernon" <bullseyecanada@hotmail.com> |
| Subject | Re: Musical litigation question |
| Date | Thu, 17 Jun 2004 19:35:08 -0400 |
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At Date: Thu, 17 Jun 2004 13:55:14 Marty wrote:
>I've heard that you can't copyright a title -- period. So this tale, as
>described, is a bit confusing.
>
>Marty
>
>---- audities@smoe.org wrote:
> >
> > Whilst on a Father's Day shopping mission, I picked up a little
>something
> > for myself, namely the 2004 release The Essential Jacksons, which covers
>the
> > Jackson 5 after they moved to Epic Records. One of the tracks on here
>is
> > "This Place Hotel". It was originally titled "Heartbreak Hotel", but
>the
> > band was sued by the writers of the Elvis Presley hit. So the title
>changed
> > -- but the song didn't -- Michael's still singing about Heartbreak
>Hotel.
> > I'm perplexed. First, how can a title be copyrighted, or at least one
>that
> > isn't that original (not like the song was called "Sun Zoom Spark", for
> > example). Second, what legal value is there in just changing the title
>-- I
> > suppose that there was some consumer confusion claim involved, but even
>that
> > seems weak, IMO.
Well, it is true you can't copyright a title. But, a title that is a phrase
or a lyric, just like a corporate motto, can.
Song titles that illicit lyrical imagery or are completely inseperable from
the lyric itself have a pretty good chance of standing up to a court of law.
It usually comes down to, as Mike said, consumer awareness. If you surveyed
the general populace and said the words "Heartbreak Hotel" you'd be sure to
get at least a few people say 'Elvis Presley' or at least "since my baby
left me" as a reference point. The song and Elvis have been branded to one
another...that gives the authors of the song, Elvis's estate and probably
RCA Records a big leg to stand on when it comes to claiming ownership of
what's essentially a lyrical phrase.
Similarly with songs like Stairway To Heaven and Hey Jude. Chances are real
good that you're not going to confuse these titles with any other song.
Proof is flimsy here, but if you wanted to write a song called "Everybody's
Got Something To Hide Except Me And My Monkey" you'd be hard pressed to
prove that you weren't trying to steal a Beatles idea.
Jaimie Vernon,
President, Bullseye Records
http://www.bullseyecanada.com
Author, Canadian Pop Music Encyclopedia
http://www.canoe.ca/JamMusicPopEncycloPages
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