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Q: Can two different songs have the same title according to U.S copyright laws? ( Answered 5 out of 5 stars,   1 Comment )
Question  
Subject: Can two different songs have the same title according to U.S copyright laws?
Category: Arts and Entertainment > Music
Asked by: dkny1969-ga
List Price: $2.00
Posted: 01 Nov 2005 07:18 PST
Expires: 01 Dec 2005 07:18 PST
Question ID: 587507
Can two different songs have the same title according to U.S copyright laws?
Thank you. D. Kalman
Answer  
Subject: Re: Can two different songs have the same title according to U.S copyright laws?
Answered By: hummer-ga on 01 Nov 2005 08:44 PST
Rated:5 out of 5 stars
 
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

Search Strategy: I used my own bookmarks.
dkny1969-ga rated this answer:5 out of 5 stars

Comments  
Subject: Re: Can two different songs have the same title according to U.S copyright laws?
From: ipfan-ga on 02 Nov 2005 08:43 PST
 
Hummer's answer is, as usual, excellent.  Let me just note that while
copyright law will not prevent two different songs from having the
same title, trademark law might.  For example, assume that the song
"Hey Macarena" becomes the theme song for a chain of Mexican
restaurants.  The chain could arguably claim trademark rights in the
title "Hey Macarena" because by their use of it as a source identifier
for their particular brand of Mexican restaurant services and food it
has transcended mere status as a song title and become a trademark. 
Thus, if someone else appropriated the title "Hey Macarena" for a
different song and used that song in a commercial context, the Mexican
restaurant chain could potentially assert prior trademark rights and
try to stop the other party from using that title under trademark law.
 The prerequisites for trademark infringement would have to be met, of
course.

You know how Microsoft used the Stones' song "Start Me Up?"  Same
thing.  Imagine what would happen if Sun or Novell used an entirely
different song titled "Start Me Up" to advertise competing services!

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