Newbury Park, CA asked in Copyright, Trademark and Intellectual Property for California

Q: I run a small business and have a few questions regarding what I can and cannot include in my designs

1) I want to create a few original designs inspired by Harry Styles' recent world tour called Love on Tour. Of course I would never use his name in the designs or advertisement, but is this illegal? Love on Tour itself is not trademarked as far as I have seen, but will I run into problems? Also, would like to mention I would not even have the words "Love on Tour" in the design, but I would need to use the name in advertising so people can find my work on places on Etsy and such.

2) Is it illegal to use song titles in designs? Even if I never mention the artist?

3) Is it illegal to use song lyrics in designs?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: I can provide some general guidance on your questions, but please keep in mind that intellectual property law can be complex and fact-specific, so you may want to consult an attorney for definitive advice tailored to your specific situation.

1. Using elements inspired by an artist's tour in your original designs, without using the artist's name or trademarked phrases, is in more of a gray area legally. Simply using a generic phrase like "Love on Tour" is unlikely to be trademark infringement on its own. However, if your designs and advertising create an impression that you are affiliated with or endorsed by the artist when you are not, that could potentially raise issues. The key is to make sure it's clear these are your own original inspired-by designs.

2. Song titles on their own are generally not protected by copyright in the US. However, they can sometimes be trademarked, especially if associated with a very famous artist. If a song title is trademarked, using it on merchandise without permission could be considered infringement. It's a good idea to search the USPTO trademark database to check.

3. Song lyrics are protected by copyright. Reproducing a song's lyrics on merchandise without a license would likely be considered copyright infringement in most cases, even if you don't credit the artist. There are exceptions like fair use, but using lyrics on products you sell commercially is unlikely to qualify.

In general, the safest approach is to create your own original designs and phrasing without directly using any artist names, song/album titles, lyrics, or distinctive trademarked phrases/logos. Advertising them as "inspired by" an artist or tour is less risky than implying any kind of official connection or endorsement.

I hope this general guidance is helpful as a starting point, but again, consulting an attorney is always advisable before selling fan-inspired merchandise to ensure you stay on the right side of the law.

Sean Goodwin agrees with this answer

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