Hi D. Kalman,
Yes, two songs (or books) may have the same titles because titles are
not protected by copyright (please click on the links for full
details).
NAMES, TITLES, AND SHORT PHRASES NOT PROTECTED BY COPYRIGHT
"Names, titles, and short phrases or expressions are not subject to
copyright protection. Even if a name, title, or short phrase is novel
or distinctive or if it lends itself to a play on words, it cannot be
protected by copyright. The Copyright Office cannot register claims to
exclusive rights in brief combinations of words such as:..."
"The titles of registered works are filed alphabetically and appear in
that order in the indexes and catalogs of the Copyright Office.
However, the presence of a title in the Copyright Office registration
records does not mean that the title itself is copyrighted or subject
to copyright protection. In many cases, our records show the same or
closely similar titles for entirely different works..."
"Some brand names, trade names, slogans, and phrases may be entitled
to protection under the general rules of law relating to unfair
competition, or they may be entitled to protection and registration
under the provisions of state or federal trademark laws. The federal
trademark statute covers trademarks and service marks?those words,
phrases, symbols, or designs that identify the source of the goods or
services of one party and distinguish them from those of others..."
http://www.copyright.gov/circs/circ34.html
How do I copyright a name, title, slogan or logo?
"Copyright does not protect names, titles, slogans, or short phrases.
In some cases, these things may be protected as trademarks. Contact
the U.S. Patent & Trademark Office, 800-786-9199, for further
information..."
http://www.copyright.gov/help/faq/faq-protect.html
Additional Link of Interest:
Copyright Quiz
http://literacy.kent.edu/Oasis/Workshops/copyquiz.html
I hope this helps. If you have any questions, please post a
clarification request and wait for me to respond before closing/rating
my answer.
Thank you,
hummer
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