copyright question

Message Bookmarked

Bookmark Removed

I have a stubborn friend who claims that you cannot name an album after another albums name without copyright permission, for example a band can't name its album "rubber soul," even though there is a band, This perfect day, who named its 1992 album "rubber soul." Anyone able to comment on this with factual evidence?

― D Mowen (dc23412), Tuesday, 20 April 2004 04:45 (twenty-two years ago)

your friend is talking shit

― the surface noise (electricsound), Tuesday, 20 April 2004 04:47 (twenty-two years ago)

http://www.copyright.gov/help/faq/faq-protect.html

How do I copyright a name, title, slogan or logo?

Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.

― the surface noise (electricsound), Tuesday, 20 April 2004 04:48 (twenty-two years ago)

my friend obstinately replies "couldn't album names be counted as 'in some cases, these things may be protected as trademarks.'" And yes, I really do have this annoying of a friend and am NOT making up an alter-ego called "friend" who is really me. I already wrote a hasty email to the U.S. Copyright Office, but they said that they will reply in 4-5 business days.

― D Mowen (dc23412), Tuesday, 20 April 2004 05:07 (twenty-two years ago)

the Beatles, the Replacements, and Voice of the Beehive to thread.

― Matos W.K. (M Matos), Tuesday, 20 April 2004 05:10 (twenty-two years ago)

It's BS, D Mowen. Album names can't be copywritten.

― Alex in SF (Alex in SF), Tuesday, 20 April 2004 05:11 (twenty-two years ago)

i cannot bring to mind any examples where that has occurred. regardless the initial statement "you cannot name an album after another albums name without copyright permission" is essentially false, however with the potential for exception as per the above

(xpost)

― the surface noise (electricsound), Tuesday, 20 April 2004 05:12 (twenty-two years ago)

the best part of the entire argument was when he said, "you can't just name an album 'rubber soul'? and typed it into amg and he still argued that they probably got permission from capitol/emi to which I referred to danger mouse, apple ipod controversy and mccartney just being a complete ass as examples of the beatles' tight-fisted catalogue.

― D Mowen (dc23412), Tuesday, 20 April 2004 05:18 (twenty-two years ago)

You would have to register it as a trademark, and since by the definintion of trademark, an album title isn't one, you can't do that. ergo....no.

― Orbit (Orbit), Tuesday, 20 April 2004 05:37 (twenty-two years ago)

Weren't there recently three relatively high-profile albums titled Up released within a year or so of each other? Peter Gabriel, Shania Twain, and, uh...I'm sure there was a third.

― Huck, Tuesday, 20 April 2004 05:41 (twenty-two years ago)

Yeah Holy Shit you can name your lousy band after words written by Morrisey if you want to. All perfectly legal. Just like sticking your dick in your cousin. NO PROBLEM.

― seyxDancer, Tuesday, 20 April 2004 06:39 (twenty-two years ago)

holy crap i apologize for my friend there

― duke warm, Tuesday, 20 April 2004 06:42 (twenty-two years ago)

(x-post) REM?

― plebian plebs (plebian), Tuesday, 20 April 2004 09:40 (twenty-two years ago)

You see, Eddie and the Hot Rods were nice enough to give Michael Jackson permission as they had already called their album "Thriller" some years before. They got a nice cheque, obviously, but not as much as if they'd called it "Bad" as MJ had a bit more money by then...

― mark grout (mark grout), Tuesday, 20 April 2004 11:00 (twenty-two years ago)

... all this in a parallell universe, obviously.

― mark grout (mark grout), Tuesday, 20 April 2004 11:01 (twenty-two years ago)

You must be logged in to post. Please either login here, or if you are not registered, you may register here.