smoe.org mailing lists
ivan@stellysee.de
| From | "bob" <segarini@sympatico.ca> |
| Subject | Re: Musical litigation question |
| Date | Thu, 17 Jun 2004 20:46:55 -0400 |
[Part 1 text/plain Windows-1252 (2.8 kilobytes)]
(View Text in a separate window)
The O'Jays have a song called "Stairway To Heavem", and there was one in the
'30's as well...not counting Neil Sedaka's, "(I'll Build A) Stairway To
Heaven", back in the late '50's, early '60's.
bib
----- Original Message -----
From: "Jaimie Vernon" <bullseyecanada@hotmail.com>
To: <audities@smoe.org>
Sent: Thursday, June 17, 2004 7:35 PM
Subject: Re: Musical litigation question
> 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
>
>
For assistance, please contact
the smoe.org administrators.