Can I Name My Album After An Existing Song?

BeniRose

BeniRose

New member
This was the best form I could figure to put this question in, but I'm considering naming my upcoming album after a Talking Heads song I really love. After reading this article I'm a little paranoid to do this, so I wanted to ask if anyone knew if it's something I need permission for or is covered by copyright claims. Are song names covered in the copyright, even if I'm not reproducing the song or any of their works, and it's used as an homage?
 
No one can copyright a title. Many songs and albums share the same name and/or titles.

A quick glance at the article you linked says it is about a picture. Pictures are copyrighted material and can't be reproduced without permission. Maybe I didn't read the article thoroughly enough so correct me if I missed the intent.

But, band names and possibly song titles, album titles, might be trademarked. So you might want to search to see if you are infringing in that area. If not, then you're okay.
 
That picture is not a copy, it's an original piece of art inspired by the previous album cover. It was not simply scanned and pixelized as you can tell from various original features like the pattern on the tie. A derivative artwork is protected if it is sufficiently original and/or says something that the original doesn't.

The point of the article is that the right to make derivative art only applies to those with a spare half million dollars in the bank to defend that right.
 
I just did a search for the TH album title "True Stories" and got about 15-20 albums with that title. I don't think you have to worry.
Now if you want to name it "The Name of This Band Is Talking Heads", maybe you should rethink that.
 
I've been reading a lot of Sheila White's books on song writing technique, and a lot of the "Dummies" books, as well as a few others. Just about every one of them has a section regarding copyright and publishing. All of them reinforce the idea titles (and not JUST song titles, but album, book and movies titles) are NOT copyright protected.
 
Name your album what you like.
There are examples of groups naming an album even though there was already an album of that name in existence. For example, The Jackson 5 had a 1971 LP called "Maybe tomorrow" even though the Iveys (who later morphed into Badfinger) had had one of that name out a couple of years earlier {in their defence, the Iveys' one wasn't released in the UK or USA}. Pink Floyd's 2 biggest LPs of the 70s had names that were already in circulation ~ "Dark side of the moon" had been released a year earlier than Floyd's by Medicine Head and Badfinger had released "Wish you were here" a year before Floyd's 1975 effort.
Black Sabbath had an album called "Paranoid" after Grand Funk Railroad had a song by the same name.
There must be hundreds of similar examples.
The article you linked to was about artwork and to be honest, I disagree with Bouldersoundguy about the cover of "Kind of bloop". If Miles Davies was still alive, he might just laugh at that derivative cover. Or he might get mad and insultive. I would understand if he took the latter path. Far better to do a derivative piece of cover art with the actual artists in it like the Mothers of Invention did on "We're only in it for the money" or the Red hot chili peppers did for their "Abbey Road EP".
 
"Sip of Fools"

By
The Doors
Grateful Dead
Neil Diamond
Erasure
Robert Plant

And they are all different songs.

Some variation of "Stagger Lee" has been done by dozens of artists, including Neil Diamond and Grateful Dead, all rooted in the same story but with different details and often different music.
 
komposer said:
Now if you want to name it "The Name of This Band Is Talking Heads", maybe you should rethink that.
Click to expand...

You could probably get away with that too if there was something to sufficiently differentiate you. i.e. a band named "The Name of this Band is Talking Heads" obviously isn't the Talking Heads, and an album called "The Name of this Band is Talking Heads" by The Beni Rose Explosm is pretty obviously also not actually the Talking Heads (unless they leave their own band name off the cover; then there might be a problem.)
 
godsmack = alice in chains song.

semantics are for lawyers

negativland did "the letter U and the numeral 2" as an album and almost got sued out of existance for it btw... but not due to the album name, it was because they used a midi track of kazoo type circus noises playing "with or without you" as a background to one of their chaotic rants. just sayin...s

(edits sorry) so ask... would david burne care? umm... no... i doubt it.... if it got huge and his money grubbin leeches want to make a stink, different story.. (just ask the Verve and the Rolling Stones! another band sued almost out of existance when the 'offended' band in question didn't think anything of it... its those industry scavenger maggots trying to milk their talentless piece of the pie
 
I think you should go ahead, and then we can use you as a test case and settle the matter for once and for all.

If you get into legal issues, I'll chip in a dollar...
 
Incidentally, I named one of my albums... King of the World, after a song I liked.... King of the World.....

C'mon Steely Dan... sue me... I double dog dare you...
 
I have been mixing a single for the Fort Collins band "Elway". Guess who might be a little upset about their name. It's getting them a ton of press coverage.
 
bouldersoundguy said:
I have been mixing a single for the Fort Collins band "Elway". Guess who might be a little upset about their name. It's getting them a ton of press coverage.
Click to expand...

I saw that in the news. Good press for the band and an unwinnable court case for the football player. Score two for Elway! (the band, that is.)
 
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