Would I be breaking any copyright laws by naming an item in a board game "Pumped up Kicks?"

Question

I'm creating a board game that will only be for personal use right now but might make commercially available in the future. if I were to make a card for the game that depicts a pair of inflatable shoes called "Pumped Up Kicks" in reference to the song, maybe adding a description with a partial lyric of the song, would that be breaking any copyright laws?

James L. Arrasmith · Answer

Using the phrase "Pumped Up Kicks" in your board game, especially in a way that references the song, could potentially raise copyright issues. The title of a song can be protected under copyright law, particularly if it's distinctive and closely associated with the copyrighted work, like a well-known song. 
 
Incorporating lyrics from the song, even partially, into your game increases the risk of infringing on the song's copyright. Song lyrics are protected as literary works, and using them without permission could be considered a violation. 
 
For personal use, copyright issues are less likely to be problematic, but if you plan to commercialize the game, you need to be more cautious. Commercial use often invites closer scrutiny and increases the likelihood of a copyright claim. 
 
Before proceeding with using the phrase or lyrics in a commercial product, consider seeking permission from the copyright holder or consult with an attorney to understand the risks and explore alternatives. 
 
Remember, while creative inspiration is valuable, respecting copyright law is crucial, especially when your work has the potential to reach a broader audience. Navigating these legal waters carefully can help protect your project from legal challenges.

Q: Would I be breaking any copyright laws by naming an item in a board game "Pumped up Kicks?"