Legal Question in Intellectual Property in Colorado
Music title copyrights
I am considering writing a series of books using popular song titles as the titles for the books. This is not what I am thinking, but is a good example: We Can Work It Out (mid sixties hit by Lennon/McCartney) the title of a book about do it yourself plumbing repairs. Are those song titles protected so I couldn't do that? I know, for example, that if I built a car and called it Pontiac, I would have a copyright problem. But if I opened a restaurant and named it Pontiac, I wouldn't. Does the same logic apply between song titles and book titles? Thank you in advance. I'm really happy you're out there.
1 Answer from Attorneys
Re: Music title copyrights
I think you're on the right track. I see two possible legal issues involved. 1) Consumer confusion about the source of the product could / would hurt you, and 2) if your use of a name or title were 'watering down' the value of the brand name.
1) If there were some reasonable possibility of confusion about the source of the book ... to be extreme, let's say that people either thought (or could mistakenly think) your plumbing book was really a music book, or people thought ( or ... ) that The Beatles had decided to write how-to books and mistakenly believed these were the ones.
2) If your roofing book were named "Purple Rain" (and let's say you started selling roofing materials under the same name) so that the good name of a quality song became mundane and no longer held that same pizzazz. Better example: Your window book is named Rolex because people can do a better job of WATCHING the street with better fenestration ... well, still not a great example, but maybe you can SEE what I mean by (no roofing joke intended) "watering down" a trademark.