In an upcoming story, I use a song title. I know it's legal to use song titles, just not lyrics. But does WotF allow song titles to be used? I fear my story will get the automatic boot if I use a song title.
I thought this was a clear-cut legal issue. Not so. I researched it on https://www.thelaw.com/law/are-song-titles-lyrics-protected-by-copyright-or-trademark-law.317/ and TRADEMARK was discussed. It turns out that UNIQUE song titles can be trademarked (but only very unique titles). If a trademarked song title is unknowingly used in fiction, is that illegal? If it is legal, does WotF allow it?
It could be WotF does not want to tangle with lawyers, or pay them to do legal research before publishing the Volumes, which is understandable.
So, am I safe? Or should I simply invent a song title and not use the real one? Just my luck, I'd invent a song title, only to find out it is trademarked. I really don't want to go down the rabbit hole of searching the U.S. Trademark and Patents database.
Wait. I already fell down a rabbit hole over this.
Help!
~~ Pegeen ~~
Be soft. Do not let the world make you hard. Do not let pain make you hate. Do not let the bitterness steal your sweetness. Take pride that even though the rest of the world may disagree, you still believe it to be a beautiful place. Kurt Vonnegut, Jr. Writer
V40 - Q1 RWC, Q2 HM,
@pegeen, I've used song titles in the the body of a story I've submitted to WotF before and placed. My guess is you're fine and won't get the automatic boot, that if the story is a winner and the legal folks think it'll pose any problem, you'll be asked to change it.
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There are times I blend popular song titles in a story where if you aren't familiar with the artist, you won't even notice.
The words of the title fit into the story seamlessly in each instance.
Today's science fiction is tomorrow's reality-D.R.Sweeney
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This question came up in a different post about using references to contemporary media (films, books, etc.) in spec-fic stories. Here's a copy/paste of my two cents worth there, which I think also pertains to this question about music. Not a question of legality, I think, as much as an issue of reader immersion in the story. When done well, it can really work for the story. But I've also seen it done not so well pretty often.
"Generally speaking, references to contemporary films/shows/media/events, etc. serve to date your story and bookmark it into a specific time and place. The other drawback is that it may pull the reader right out of the story because it reminds him when and where he is.
On the other hand, using historic events, media, films, books, etc can add authenticity to, say, a story about time travel. Thinking specifically here about Ernie Cline's Ready Player One and Stephen King's 11/22/63."
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@morgan-broadhead Hi. I read your previous post on the subject and found it very informative. Good points! In my story the song title(s) help with authenticity.
~~ Pegeen ~~
Be soft. Do not let the world make you hard. Do not let pain make you hate. Do not let the bitterness steal your sweetness. Take pride that even though the rest of the world may disagree, you still believe it to be a beautiful place. Kurt Vonnegut, Jr. Writer
V40 - Q1 RWC, Q2 HM,
Be aware that sometimes legal isn't good enough. In the courts, money counts. If a musician is willing to spend money to sue, you have to spend money and time to defend, even if you are in the right.
Kevin J. Anderson described a time he wanted to use a song title as a story title. As a courtesy, he informed the musician. The next thing he got was a vicious cease and desist letter from their lawyer, promising financial ruin if he proceeded. He was entirely in the right--Kevin knows copyright--but he changed the title. He decided it wasn't worth dealing with litigious assholes.
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"Today I Am Paul", WSFA Small Press Award 2015, Nebula nomination 2015
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@martin-l-shoemaker Thanks. I don't have the time or $ for that either!
~~ Pegeen ~~
Be soft. Do not let the world make you hard. Do not let pain make you hate. Do not let the bitterness steal your sweetness. Take pride that even though the rest of the world may disagree, you still believe it to be a beautiful place. Kurt Vonnegut, Jr. Writer
V40 - Q1 RWC, Q2 HM,
