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Can a song be titled and copyrighted with the same title as a popular movie?
Anonymous2 views4 answers
Can a musician title and copyright a song with the same title as a popular movie? For example, if a musician wanted to write a song titled "James Bond", and make no direct reference to the character James Bond (or the movies) within the song lyrics, would this be legal?
Q:
Can a song be titled and copyrighted with the same title as a popular movie?
A: It depends on the movie in question, and how you use the song. That said, if you were to use "James Bond" in a song that has nothing to do with James Bond, I believe you would be asking for a lawsuit.
First, while titles are not protected by copyright law, franchise titles like "James Bond" qualify for trademark protection (see first link below). So, the general rule is that you need to get a license or other permission from the owner/licensor to use the name.
Second, while the Ninth Circuit has ruled there is an exception from the general rule is you are going to use the trademark in a parody song (see second link below), your proposed use would not qualify for the exception. You appear to be proposing to use the trademark simply because it might get people to listen to the song -- which would not be a valid defense.
Third, even if you were to use the name "James Bond" in connection with what you believe to be a song that would qualify for the parody defense, the owners of the mark -- like Mattel in "Barbie Girl" -- have a history of defending against infringement. And, since whether song is a parody that is subject to protection against trademark infringement, unfair competition and other claims is a matter for a court, you could find yourself having to spend money on attorneys to prove that your work qualifies for the parody defense. Therefore, if your song has nothing to do with "James Bond", why write yourself into a lawsuit?
If you still have questions about your particular facts, I would strongly suggest that you contact an intellectual property attorney in your area who can review the song and its title and give you more fact-specific feedback.
It depends, but this is usually a very bad idea. Titles of popular movies often are protected by trademark law and your song title might confuse consumers into believing there is a connetion. While you might have various potential legal defenses to a claim of trademark infringement, there is nothing to prevent you from being sued. Anytime you try to profit by associating yourself or your music with a famous celebrity, movie, or company, you are probably violating intellectual property rights and you certainly put yourself at risk for an expensive law suit. If you want to pursue this project, then you should retain experienced counsel to advise you.
Kevin Mark JonesIntellectual Property Law AttorneyThe Woodlands, TX ·
The biggest question would be why are you attempting to use the same name. If you are attempting to piggyback on the popularity of a movie to get recognition for your song, then you are likely going to run into trouble in one way or another. if the use of the name is simply coincidence then you likely will not have an issue unless the name is so unique that the cross reference is unavoidable, in which case I would questions the "coincidence" aspect.
