Legal Question in Constitutional Law in Texas

Re: Copyright Ingrigement

This is a question of both copyright and trademark law. One cannot copyright the name of a band, or an album. Those names may, however, be trademarked, and probably are. In that event, you could not use the name unless you obtain permission, or its use is not confusingly similar. You certainly cannot trade on the name of the album for possible profit.

Lyrics are copyrighted. If created after January 1, 1978 the copyright lasts for the creator's life and another 70 years after that. Pre-1978 different rules apply. Of course, copyrights expire altogether and material enters the public domain and anybody can use it, but I doubt that applies in your situation based on the nature of the question. You can not use them without permission unless you are putting together a work of non-fiction and your use would be minimal. This is called "fair use," and there is no precise legal definition. Even if you put in the name of the author of the lyrics, you still likely cannot use them without permission.

Re: Copyright Ingrigement

I take it that you are using the same title because you are referencing the song of that title in your book. Unless the use is considered a "fair use" (example: brief quotations from a book for purpose of doing a book review), what you are contemplating is potentially a violation of the copyright law. This applies both to appropriating the title and using lyric fragments, without permission of the copyright holder(s). Failure to give credit is not the same as the copyright issue. You are not entitled to violate someone's copyright simply because you give them credit. The penalties for copyright infringement can be severe, you are well advised to seek authorization from the copyright holder(s) before using either the title or the song fragments. Please retain and consult an attorney immediately.

If you wish to discuss retaining my services, please contact me at: [email protected]