Even though many do not believe this and suffer the fear and trepidation over the subject of copyright and copyright protection, it is LEGAL and COMMON to copy a name and use it as another name. In fact, copyright does NOT protect names, titles, or short phrases or expressions.
It is common to copy MOVIE titles and use them as titles of television episodes. I addressed this in a discussion of names of movies used as names of Dexter episodes.
It is common to copy SONG titles and use them as titles of television episodes. I addressed this in a discussion of names of songs used as names of Dexter episodes.
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These could be considered examples of referencing – a title has been referenced by its use as another title. These could be considered examples of copying – a title has been copied and used as another title.
Listed below are some of the categories and specific names that are NOT copyright protected:
Names of businesses – Comcast, Xfinity, Dupont, Monsanto, Apple, Samsung, Honda, L.L. Bean, etc.
Names of organizations – AFL-CIO, Major League Baseball, Electronic Frontier Foundation, the Boston Red Sox, etc.
Names of performing groups – Stevie Wonder, The Beatles, Broken Bells, Bob Marley, Arctic Monkeys, Daft Punk, Neil Young, etc.
Names of title of works – Alien, Animal House, Citizen Kane, Things Fall Apart, Pride and Prejudice, Life of Pi, Take Five, Ring Of Fire, A Hard Day’s Night, etc.
Advertising slogans – Hey Mikey…He Likes It; Don’t Leave Home Without It; Got Milk; A Diamond Is Forever; Plop Plop Fizz Fizz, etc.
List of ingredients – butter, eggs, flour, milk, salt, baking powder, mild cheddar cheese, frozen chopped spinach, chopped onion and salt
Recipe –
4 Tbsp butter
3 eggs
1 c flour
1 c milk
1 tsp salt
1 tsp baking powder
1 pound mild cheddar, grated
2 packages frozen chopped spinach (thawed and drained)
1 Tbsp chopped onion (optional)
seasoned salt (optional)
The documentation – Circular 34 – from the U. S. Copyright Office describing this lack of copyright protection is found here and the first link of this sentence.
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These are examples of referencing – a title has been referenced by its use as another title. These could be considered examples of copying – a title has been copied and used as another title.
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The titles of the following thirteen (13) songs did NOT sacrifice their lives for (but did spawn) second lives as names of bands. Re-using a name is respectable, common, copyright-legal and in keeping with the traditions of many societies.
THE SONGS and THE BANDS
1. Beatles “Hello Goodbye” (1967) was used for band name, Hello Goodbye.
2. Black Sabbath “After Forever” (1971) was used for band name, After Forever.
3. Bonzo Dog Doo-Dah Band “Death Cab For Cutie” (1967) was used for band name, Death Cab For Cutie.
4. Dave Brubeck “Take Five” (1959) was used for band name, Take 6.
5. Bob Dylan “Ballad Of Frankie Lee And Judas Priest” (1967) was used for band name, Judas Priest.
6. Inside Out “Rage Against The Machine” (1991) was used for band name, Rage Against The Machine.
7. Tommie Johnson “Canned Heat Blues” (1928) was used for band name, Canned Heat.
8. New Edition “Boys To Men” (1988) was used for band name, Boyz II Men.
9. Queen “Radio Ga Ga” (1984) was used for artist name, Lady Gaga.
10. Steely Dan “Deacon Blues” (1977) was used for artist name, Deacon Blue.
11. Talking Heads “Radio Head” (1986) was used for band name, Radiohead.
12. Talking Heads “The Big Country” (1978) was used for band name, Big Country.
13. Muddy Waters “Rolling Stone” (1950) was used for band name, The Rolling Stones.
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The moral of the story – the tongue-in-cheek humorous moral of the story? If you’re stuck coming up with a name for your band, song, film, poem, novel, photograph or sculpture, you will probably not get into copyright trouble by naming your work of authorship after someone else’s work of authorship.
If you can’t think, copy someone who can.
If the name was good then, it might be good now.
If you can’t create, copy.
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