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Topic: Using 2 words from Copyright song (Read 906 times) |
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baseman
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Posts: 2
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Using 2 words from Copyright song
« on: Dec 16th, 2006, 12:45pm » |
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Hi all, Not sure if I'm on the right forum never mind the thread lol I would like to know how I stand using two words from the 'Pink Floyd' Song 'Learning to fly' In this song there are two words used 'Circling Skies' in the chorus...My question is: We are forming a 'Pink Floyd' tribute band, and want to use these two word 'Circling Skies' as a band name, are we in any way infringing the copyright of the song...My understanding is that you can't copyright words. Its the body of work that is copyrighted. Is this correct? and can I use these two words for a band name?
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Lyza
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Posts: 360
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Re: Using 2 words from Copyright song
« Reply #1 on: Dec 16th, 2006, 2:58pm » |
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I am not an attorney, so the following is only my understanding, which is that you can name your band anything you want as long as another band does not own a service mark registration or hold common law rights for the same name for the same music services. That is, if another band already using the same name in interstate commerce thinks your band is capitalizing on their goodwill and reputation, they can file suit against you claiming trademark infringement and force you to abandon the name.
Regarding copyright issues, lyrics are definitely registrable under copyright but they are only registrable as a single work, "the body of work" as you said. That's why you can have thousands of copyright registered songs all talking about the same subject and using the words in different ways. You cannot, however, obtain copyright registration of a song, book, or band title alone. A work is usually registered under a title but other songs or books, etc. may use the same title.
One of the attorneys will either note a correction on what I've said or will expand upon it. Good luck to you.
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Lyza L. Sandgren, President/CEO
CanopyLegal LLC
lyza2855@gmail.com
www.canopylegal.com
North Amer. Rep for WebTMS TM Mgmt System
This message should be mistaken for or construed as legal advice.
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baseman
Newbie
Posts: 2
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Re: Using 2 words from Copyright song
« Reply #2 on: Dec 16th, 2006, 10:55pm » |
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Many thanks for your help...Any othercomments on this subject are welcome..
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| « Last Edit: Dec 17th, 2006, 6:43am by baseman » |
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JSonnabend
Moderator
Senior Member
Posts: 2251
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Re: Using 2 words from Copyright song
« Reply #3 on: Dec 18th, 2006, 7:24am » |
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Lyza's advice is correct. To be clear, you can "copyright" words, provided they amount to a protectible expression in the form of song lyrics, poetry, a story, etc.
- Jeff
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SonnabendLaw
Intellectual Property and Technology Law
Brooklyn, USA
718-832-8810
JSonnabend@SonnabendLaw.com
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