Legal Question in Intellectual Property in Virginia
I have a question about a short story I've written. It is based from an album by Bruce Springsteen - each song title became a chapter title, and the album title, The Rising, became the title of the story. My question is whether or not I am allowed to publish this work, since I explicitly state that I have no rights to the music.
2 Answers from Attorneys
It is difficult to provide an answer without actually reviewing the story. Generally, titles are not copyrightable. The song lyrics would be, however, so if you are taking more than the song titles there may be a copyright problem. To be safe, you may also want to disclaim any connection to Bruce Springsteen.
As a Franchise Attorney I would like to add that the title probably functions more as a trademark of Bruce Springsteen. As such, you could be sued for trademark infringement, among other things. Essentially, you're trading off his name and album for commercial gain. Do you really want to go to battle with Mr. Springsteen's legal eagles? Consult with a good business or franchise attorney in your area for specific advice.
Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.
Franchise Foundations, a Professional Corporation
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