Saturday, December 5, 2009

If you mention a song or a musical by name in a work of fiction, could this breach copyright?

An example would be describing a character taking part in a musical or using the name of a song as the title of the story.



If you mention a song or a musical by name in a work of fiction, could this breach copyright?listen to opera



Not simply by mentioning it no - however if you quoted lyric or script then yes.



If you mention a song or a musical by name in a work of fiction, could this breach copyright?concert venue opera theater



When an author uses this type of information there is usually an acknowledgement either at the beginning or end of the novel thanking the copyright holder for the permission to use the song, poem etc. otherwise it would be a breach of copyright, provided the work was not more than 50 years old, when copyright no longer applies.
No. It is when you start quoting actual content that breach of copyright comes into play
No!
Titles and the names of characters cannot be copyrighted. So, if you want to title an article "Born in the USA" or refer to the character Maureen from "Rent," you're safe. (Note: This is NOT true for trademarked characters and their likenesses.)



When it comes to reprinting lyrics, it gets a little muddier. For instance, if you're reviewing an album and you quote some lyrics, that's considered "fair use." But if you move outside of fair use, then you'll need to get permission.



Honestly, this is really an issue for an editor or publishing company to handle. And, again, if you're just dealing with a character or a title, you have nothing to worry about.
Titles are never copyright-able. They might be protectible by trademark rights, but as long as the reference(s) are not sufficient to potentially confuse someone, causing them to think there's some business relation between you and the original author, then you should be perfectly fine to mention the titles of other works in your own.
Copyright laws are only good for 75 years (I think). After that any work is considered public domain, unless an estate has proven it's right to ownership above and beyond the copyright.



For modern works, normally if you are using the name of the work as a reference or point of origin then it is not considered a copyright infringement since it is a portion of pop culture.



If the work you are calling out, adds value to your work in any way, then it is copyright infrigment.
No.



Even though the songs/musicals are protected under copyright laws, it is permitted to utilize known songs and musicals fictitiously. However, if you're quoting a song or musical, or having a character taking part in a musical it's best to acquire permission from the original publishers; it is absolutely necessary in regard to musicals, if you are going to quote major portions of the musical or the song.

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