Copyright Aid Forum Index
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in   Main siteC A Main Site 

Using an organizations name in a song title?

 
   Copyright Aid Forum Index -> Music Copyright

Post new topic   Reply to topic    Copyright Aid Forum Index -> Music Copyright
View previous topic :: View next topic  
Author Message
Oliver
New Member
New  Member


Joined: 08 Mar 2016
Posts: 2

PostPosted: Tue Mar 08, 2016 4:06 pm    Post subject: Using an organizations name in a song title? Reply with quote

Hello everyone,

I want to doublecheck the legalities at play before I post a song on youtube, or a blog

I've written a deadpan delivery send up song and was thinking of using a sect's name in the title.

Can a name be copyright when a fair number of people have it as a surname? Published works use a different company name.


Any help or further reading appreciated.


Last edited by Oliver on Sun Mar 13, 2016 11:02 pm; edited 2 times in total
Back to top
View user's profile Send private message
AndyJ
Oracle
Oracle


Joined: 29 Jan 2010
Posts: 1562

PostPosted: Tue Mar 08, 2016 7:12 pm    Post subject: Reply with quote

Hi Oliver,

Names cannot normally be protected by copyright, firstly because they are 'facts' and secondly they are usually too short to qualify as literary works. Also since you appear to be creating a parody, your song could well be covered by the exception for parody, pastiche and caricature.

However you should check on the IPO website that the name hasn't been regsitered as a trade mark, as that could prove to be a problem. There is no defence of parody with regard to trade marks, although assuming your song is satirical or critical about the sect, it is unlikely anyone would be confused into thinking the song originated with them or had been authorised by them.
_________________
Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
Back to top
View user's profile Send private message
Oliver
New Member
New  Member


Joined: 08 Mar 2016
Posts: 2

PostPosted: Tue Mar 08, 2016 10:13 pm    Post subject: Reply with quote

Thanks Andy.

The group itself hold no trademark on the name, however there is a small food products importer within the EU that have registered it for one its product ranges, along with a coloured logo.

The company itself has an entirely different name.


Thanks for pointing out the parody exception, the song isn't all parody but the first and last verses definitely are.

The rest of it doesn't direcly use anything that I can recall as being their intellectual property either written or spoken. And there is no way by the end of it that it could be mistaken for an authorised song of theirs.
Back to top
View user's profile Send private message
Display posts from previous:   
Post new topic   Reply to topic    Copyright Aid Forum Index -> Music Copyright All times are GMT
Page 1 of 1
 

You must be logged in to post  Log inLog in
Want to join in? New members are always welcome  RegisterRegister & join the discussion

 

 
Jump to:  
You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum



This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies. Find out more here

Powered by phpBB © 2001, 2005 phpBB Group