Use a music/movie/serie title reference

[Sleds]

Like the title said, I've read some stories who got serialized where I found real title of music/movie/series used in it as "reference".

So, the question is, isn't there some laws/copyright on it that prohibit us to use it? Can we use the title to make some reference? Or is it just because they use foreigner reference and are not afraid of being sued?

 

[SailusGebel]

What?

 

[MatchaChocolate69]

I think it falls comfortably within "Fair Use", considering the modest portion (just a title or reference) used.

 

[Sleds]

What?

Is what I wrote not clear? I mean that some stories have their characters saying thing like I heard that song or having an event when a song could be heard and the song they use are a real one with the same title and artist named.

 

[SailusGebel]

Is what I wrote not clear? I mean that some stories have their characters saying thing like I heard that song or having an event when a song could be heard and the song they use are a real one with the same title and artist named.

Wasn't clear for me, and I'm still not sure I understand it fully. Based on my understanding, I think it's fair use.

 

[Sleds]

Wasn't clear for me, and I'm still not sure I understand it fully. Based on my understanding, I think it's fair use.

Sorry for that, I thought it was. So, using it only as small reference can be okay like the title of a song, but doing something like copy pasting the whole lyrics of a sound may be too much? Something like that.

 

[Shrimp_eater]

I think it all falls under fair use, but i suppose some writer still try to avoid any possible hassle by censoring it or slightly changing the names.

Or maybe they just find it funnier to say McDaniels or C*ke.

 

[SailusGebel]

Sorry for that, I thought it was. So, using it only as small reference can be okay like the title of a song, but doing something like copy pasting the whole lyrics of a sound may be too much? Something like that.

Probably. Though, I'm not sure, and it probably depends on the company. Take Monster for example, and how they are willing to sue everyone and everything.

 

[georgelee5786]

There's nothing illegal about being inspired by another book

 

[Sleds]

There's nothing illegal about being inspired by another book

It's not about being inspired, it's about using real song title with/without the artist name in the story for exemple.

 

[DemonOppai]

If it’s just a title.. I’m guessing it’s fine.. unless your copying all the lyrics and everything then i guess that wouldn’t be allowed

 

[DannyTheDaikon]

I was planning to use song titles for some chapters as references and as far as I know they aren't protected, but the lyrics are (obviously). I'm not sure about movies and other media, but I think it should be the same

 

[georgelee5786]

It's not about being inspired, it's about using real song title with/without the artist name in the story for exemple.

I don't see a reason you wouldn't allow your song to be written down. I imagine they'd request credit, but not sue you. I mean, they don't sue alot of places that do lyric videos for bands

 

[J_Chemist]

Unless there's like a trademark or copywriter thing in place, you can reference whatever. Or just do like Oregairu and make vague references.

 

[prognastat]

As for whether they could win a lawsuit against you. Probably not. Even trademarks are usually limited to a field so generally if it's trademarked as a song unless what you wrote is a song they won't be able to get you so using a song title as a reference in your chapter title or in the story itself is unlikely to win.

Unless you are writing whole chunks of lyrics in the novel verbatim in which case they might actually have a leg to stand on legally.

The thing you do have to be concerned about is, even if they can't win doesn't mean they can't harass you through the legal system costing you a ton of time and money. So even if legally you have the right to use them if you are actually planning on making good money off your novel it might be worth making sure to change the reference a lot to make it vague like @J_Chemist said or to just exclude it anyway.