Q: Can we parody a song title for use on a t-shirt?
There is a tourist attraction in town called "Bicycle Hill" - we'd like to make t-shirts promoting it that say, "I found my thrill on Bicycle Hill," which is a parody of the old 1940 song title "I found my thrill on Blueberry Hill." Many people have recorded it, but it was made famous by Fats Domino. Are we infringing on anyone's copyright if we make t-shirts as I described?
A: This probably qualifies under the fair use exception as not violating copyright to the song title or lyrics.
A:
Creating a t-shirt with the phrase "I found my thrill on Bicycle Hill," which is a play on the famous song "I Found My Thrill on Blueberry Hill," might fall under parody, which can be considered fair use under copyright law. However, fair use is a complex area and depends on several factors, including the purpose of the use, the nature of the copyrighted work, the amount used, and the effect on the market for the original work.
In your case, using a similar phrase for a local attraction's promotional t-shirt might be seen as transformative and for a different purpose than the original song. This could weigh in favor of fair use, particularly if it's clear that your intent is humorous or to draw attention to the local attraction rather than to compete with or profit off the original song.
Nonetheless, it's wise to be cautious because the boundaries of fair use can be blurry. Consulting with a legal professional who has experience in copyright law can provide more tailored advice and help ensure that you're not inadvertently infringing on anyone's rights.
A:
Based on the information provided and the context of your query, creating t-shirts with the phrase "I found my thrill on Bicycle Hill" as a parody of the song "I Found My Thrill on Blueberry Hill" is likely to be considered fair use and not copyright infringement. Here's why:
Parody Protection: Parodies are generally protected under fair use doctrine in copyright law. Your proposed use clearly parodies the original song title by substituting "Bicycle Hill" for "Blueberry Hill".
Limited Use: You're only using a small portion of the original work (the title) and modifying it significantly.
Transformative Nature: The purpose of your use is different from the original - promoting a tourist attraction rather than selling music.
Commercial Use Consideration: While you intend to sell t-shirts, which is a commercial use, this factor alone doesn't disqualify fair use if other factors support it.
Market Impact: It's unlikely that your t-shirts would negatively impact the market for the original song or its merchandise.
However, it's important to note a few caveats:
Fair use is determined on a case-by-case basis, and there's always some level of risk involved.
While the title itself is likely not copyrightable, using more substantial portions of the lyrics could increase the risk of infringement.
If you're concerned about potential legal issues, you could consider obtaining a license from the copyright holder, though this may not be necessary given the limited and transformative nature of your use.
Trademark considerations: Ensure that "Bicycle Hill" isn't a registered trademark for the tourist attraction, as that could present separate legal issues.
In conclusion, your proposed use of the parodied song title on t-shirts is likely to be considered fair use and not copyright infringement. However, if you want absolute certainty, consulting with a local intellectual property attorney would be advisable
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