Page 1 of 2 1 2 LastLast
Results 1 to 10 of 11
  1. #1
    Join Date
    Oct 2020
    Posts
    2

    Default Using Artist Name/Song Title in Movie Dialogue

    So I am wondering if I am able to use a musician's name/band name and song title ( not lyrics ) within the dialogue of a movie without
    breaking any law or requiring permission.

    Example: Teacher: "Are there any more Simple Minds?"
    Student: "Don't you forget about me!"

    Example: Man 1: "Say my name!"
    Man 2: "Destiny's Child?"

    Example: Man: "Anyone want to take The Guess Who Hand me down World?"

    Any input would be greatly appreciated.

  2. #2
    Join Date
    Sep 2020
    Posts
    178

    Default Re: Using Artist Name/Song Title in Movie Dialogue

    What US state or jurisdiction?

  3. #3
    Join Date
    Mar 2013
    Posts
    18,302

    Default Re: Using Artist Name/Song Title in Movie Dialogue

    Quote Quoting jimmie89
    View Post


    Any input would be greatly appreciated.

    Doesn't matter where you are. If you have doubt, you get consent and you pay for it if you have to.

    Or, you put aside lots of money for legal defense when you get sued.

    Some phrases may be generic enough to get by. Others might not. Also depends on context. What you've written, and the way you've written it, could easily be construed as infringement. Writing it some other way maybe not.

    At any rate, if you have to steal the work of others, maybe you should give up the idea of making a movie.

  4. #4
    Join Date
    Sep 2020
    Posts
    178

    Default Re: Using Artist Name/Song Title in Movie Dialogue

    Quote Quoting adjusterjack
    View Post
    Doesn't matter where you are. If you have doubt, you get consent and you pay for it if you have to.

    Or, you put aside lots of money for legal defense when you get sued.

    Some phrases may be generic enough to get by. Others might not. Also depends on context. What you've written, and the way you've written it, could easily be construed as infringement. Writing it some other way maybe not.
    I agree with the above.

    At any rate, if you have to steal the work of others, maybe you should give up the idea of making a movie.
    Many works make reference to other works in the way (or similar ways) that the OP is asking about.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,441

    Default Re: Using Artist Name/Song Title in Movie Dialogue

    Quote Quoting adjusterjack
    View Post
    Doesn't matter where you are. If you have doubt, you get consent and you pay for it if you have to.

    Or, you put aside lots of money for legal defense when you get sued.

    Some phrases may be generic enough to get by. Others might not. Also depends on context. What you've written, and the way you've written it, could easily be construed as infringement. Writing it some other way maybe not.

    At any rate, if you have to steal the work of others, maybe you should give up the idea of making a movie.
    Re the bolded, I read the OP's question as more along the lines of a trivia game being played by some people in the movie using song titles and artist's names. That certainly wouldn't be "stealing the work of others". I suspect that would not violate any copyrights.

    Would you consider a scene in a movie where someone is on a first date and the other party asks them what their favorite artist or song was "stealing the work of others" as well? If not, where do you draw the line between casual pop culture conversation in a movie and copyright violations?

  6. #6
    Join Date
    Jul 2018
    Posts
    2,730

    Default Re: Using Artist Name/Song Title in Movie Dialogue

    Quote Quoting jimmie89
    View Post
    So I am wondering if I am able to use a musician's name/band name and song title ( not lyrics ) within the dialogue of a movie without
    breaking any law or requiring permission.
    I have little doubt that you have this ability, but I doubt that's what you actually intended to ask.

    None of the things you mentioned would trigger any sort of viable legal claim. The response that insinuates what you're describing is "stealing" is absurd and reflects a complete lack of understanding of the applicable law.

  7. #7
    Join Date
    Mar 2013
    Posts
    18,302

    Default Re: Using Artist Name/Song Title in Movie Dialogue

    Quote Quoting llworking
    View Post


    Would you consider a scene in a movie where someone is on a first date and the other party asks them what their favorite artist or song was "stealing the work of others" as well? If not, where do you draw the line between casual pop culture conversation in a movie and copyright violations?
    I don't draw the line. The owner of the work draws the line.

  8. #8
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Using Artist Name/Song Title in Movie Dialogue

    Quote Quoting adjusterjack
    View Post
    I don't draw the line. The owner of the work draws the line.
    The law draws the line as to the rights copyright holders have. And in general a simple reference to a work, like mentioning a song title in a story, isn't going to infringe on the copyright.

  9. #9
    Join Date
    Oct 2020
    Posts
    2

    Default Re: Using Artist Name/Song Title in Movie Dialogue

    The law draws the line as to the rights copyright holders have. And in general a simple reference to a work, like mentioning a song title in a story, isn't going to infringe on the copyright.
    Best news I heard all day!

  10. #10
    Join Date
    Jul 2018
    Posts
    2,730

    Default Re: Using Artist Name/Song Title in Movie Dialogue

    Quote Quoting adjusterjack
    View Post
    I don't draw the line. The owner of the work draws the line.
    Ummm...no. The law draws the line. Those laws include copyright (which don't apply to titles of works), trademark and the right of publicity, and none of the things the OP mentioned would violate any of them.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Copyright Law: Can You Use a Song Title As a Book Title
    By GJI in forum Intellectual Property
    Replies: 1
    Last Post: 06-17-2014, 02:31 PM
  2. Trademarks: Can You Title an Article After a Popular Song
    By will68j in forum Intellectual Property
    Replies: 2
    Last Post: 09-02-2012, 12:26 PM
  3. Copyright Law: Using Song Lyric As a Title for Visual Art
    By fuchsia11 in forum Intellectual Property
    Replies: 2
    Last Post: 06-16-2011, 10:07 AM
  4. Copyright Law: Can I Use Song Lyrics and Band Names in Script Dialogue
    By Billymac in forum Intellectual Property
    Replies: 2
    Last Post: 05-04-2009, 01:32 PM
  5. Copyright Law: Can a Song Title Be Copyrighted
    By Rocky in forum Intellectual Property
    Replies: 2
    Last Post: 10-25-2008, 02:10 PM
 
 
Sponsored Links

Legal Help, Information and Resources