Rights question

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Toddskins

Toddskins

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I penned some lyrics to a song a couple years ago, and named it "Wyle Coyote".

Is this legal, doable? Can you reference a trademarked cartoon character and reference it or build a song around the character?


Thanks in advance for any knowledgeable input.
 
Toddskins said:
I penned some lyrics to a song a couple years ago, and named it "Wyle Coyote".

Is this legal, doable? Can you reference a trademarked cartoon character and reference it or build a song around the character?


Thanks in advance for any knowledgeable input.
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Trademarks and copyrights are two different things. I'm not so sure on the trademark stuff. For copyrights, you can't copyright a title, so you're okay there. You can steal a line from a motion picture to use in a song, so you're okay there. But as far as using a registered trademark?? I don't know.... But how many times has someone sung about their Ford Truck??

When it comes down to it... if they don't pursue you with legal action, you're okay. If you didn't make a lot of money off the song or show their trademark in a bad light, they aren't going to waste their money coming after you. It's expensve to take someone to court.
 
Furthering

Chili said:
Trademarks and copyrights are two different things. I'm not so sure on the trademark stuff. For copyrights, you can't copyright a title, so you're okay there. You can steal a line from a motion picture to use in a song, so you're okay there. But as far as using a registered trademark?? I don't know.... But how many times has someone sung about their Ford Truck??

When it comes down to it... if they don't pursue you with legal action, you're okay. If you didn't make a lot of money off the song or show their trademark in a bad light, they aren't going to waste their money coming after you. It's expensve to take someone to court.
Click to expand...


Ok, I think that helps some. Maybe I did use the wrong term, "Trademark", to get at the heart of my question. But I think you did understand my "dilemma".

So... let's assume this song I wrote does end up being a platinum hit, before I record it, I wish to know if it's okay to do so.


I like your example of the Ford truck, or Silver Thunderbird, or back of my Chevy. Those examples seem to be on the mark. But let me add just a bit more, and see if you (or anyone) still thinks it is absolutely legal and no violation of any sort to write a song and reference a character as I have mentioned.


Here's a line from the chorus:

Don't be a Wyle Coyote
Supergenius, dumb as mud.
A Wyle Coyote
Never making progress, and you're always on the run.



Will I get a letter from Warner Brothers?
 
I'm sure you have nothing to worry about, unless you spell it Wile E. Coyote, which is how they spelled it.

Coyotes are known for being wily, so Warner Bros doesn't have a lock on that cliche! Taking it one more step and comparing a person to a coyote is, IMHO, perfectly legal.

Just don't use a line like
"That coyote's really a crazy clown" or "Meep Meep", and you should be OK ;)
 
I'm no lawyer, but No, you won't be getting a letter from Warner Bros, Time-Warner, or whoever they are these days.
 
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