I want to use the title of a 1970's song as part of an local advertising campaign is this a copyright no-no?

Question

The song I was thinking of using was the song titled "whats love got to do with it?" I wanted that to be a catchy opener for my print ad.

Answer 1

at least in the US, titles of works are specifically excluded from copyright infringement. if it were not so, how should we refer to these works in common usage, for example your very question would be a copyright violation because you used the words "whats love got to do with it?" in it.

Answer 2

zero - gotta thieve your Smashing Pumkins, (ooh, I've acquired my possess) Less Than Zero - Elvis Costello (quality music) a million - a million (as in "Is The Lonliest Number" (as included by way of Aimee Mann) two - Two of Us (the Beatles or Aimee Mann w/ Michael Penn) three - Three Years Ago Today - Built to Spill four - Four Corners - the Sea and Cake five - Five Corporations - Fugazi 6 - Six Barrel Shotgun - BRMC 7 - Seven Days of the Week - the Arm of Roger eight - Eight Days A Week nine - Who Has the Nine - Wire 10 - Ten Percenter - Frank Black eleven - Eleven - Primus 12 - Twelve - Jurassic five thirteen - Thirteen Steps Lead Down - Elvis Costello (or Thirteen by way of Big Star or Elliott Smith 14 - No Fourteen - Love 15 - Fifteen Keys - Uncle Tupelo sixteen - Sixteen - Sebadoh 17 - Anthems for a Seventeen Year Old Girl - Broken Social Scene 18 - the Moon is the Number 18 - Silver Jews 19 - F-19 - Men At Work 20 - 20% Amnesia - Elvis Costello Drat, I've acquired 22 and 24, however I hit a wall at 21 (no less than with out dishonest).

Answer 3

That phrase is itself probably too generic to be subject to copyright protection, even though the song itself is protected.

There is a concept in copyright law call "scenes a faire", which basically says that certain concepts, phrases or images (scenes) are too generic to fall within the originality and creativity requirement for copyright protection.

So, as long as your ad campaign has something to do with love (or the lack thereof), your use of that phrase can be considered generic use of those words, and not a specific reference to the song. However, that defense would fail if you used bits of the song, or other references to the artist.

Answer 4

The song in 1970 has already been for public use due to a long period of time and using it now will no longer be a violation of the Copyright Law. Thus, you now validly use it for your print ad.

Answer 5

Yes, it's copyright infringement. You can be sued. Artist's have sued for a lot less. You must get permission to use the song or any part of the song for your ad.

Answer 6

You can use that phrase in print. They can't copyright a phrase.