Q: I am writing a book. Can I use a song title as a title of a chapter? I.E. Chap 1 Life in the Fast Lane?
I am writing a book based on my interpretation of the Hotel California album by Eagles. Can I name my chapters after the songs on the album?
A:
Generally, short phrases – including titles of songs – are not protected by copyright law. A short phrase is not protectable because there is not sufficient authorship. That said, the more you take from someone else the more likely the other party will claim there was authorship -- maybe the whole list of all the song titles in same order would cause the party to claim authorship – and therefore infringement. You are butting up against a set of famous work where the author may be actively protecting their intellectual property, and may aggressively challenge others who are using elements of their work -- even though the claim might be weak. So be careful. The phrases may have protection under trademark law.
Consider consulting with an intellectual property attorney to analyze the specific facts to your situation.
This answer includes generalizations and there are many caveats. This answer does not form an attorney client relationship.
Kathryn Perales agrees with this answer
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
