That litigation serves as a reminder that if you try to use a title made famous by somebody else to promote your own work, even if you ultimately prevail, if the originator of the title has the resources to come after you it can cost you a great deal of time and money to defend against their claim.
The Red Hot Chili Peppers would have been in a much stronger position had they built the name into a brand and registered it as a trademark before it was used for the TV series. The late David Bowie, for example, trademarked the name, "Ziggy Stardust" for entertainment services.
Song lyrics are much easier to protect, as most songs have enough lyrics and lyrical complexity that copyright protection is readily available. Copyright protection applies when the lyrics are reduced to a fixed medium, which could involve writing them down, typing them into a computer file, or recording a performance of a song.
For additional protection, the author of the lyrics may register a copyright with the U. Copyright Office for a modest fee. Absent unusual circumstances, producing a new song or book, or movie that happens to share a title with a prior, copyrighted work is not going to present a legal problem. Many songs share titles with prior musical works, with no legal implications for the author or obligation to seek permission or to pay royalties. For a title that the public would associate with a specific hit song or that includes a trademark, reuse of the title may result in claims of a trademark violation or unfair competition.
Trademark law is not intended to make it difficult for people to describe trademarked goods or services. The mention of a song or music group by its name is the most reasonable way to identify the group or song. The use of song lyrics is more complicated.
In some contexts, such as a scholarly analysis of the lyrics, extensive quotation might be protected as fair use. In contrast, using a song verse at the opening of a book chapter, or quotes of lyrics within works of fiction to develop the plot or characters, will typically require that the use be licensed. In most cases, the portion of a song that an author will want to reference will be the most famous or recognizable portion of a song, strengthening the copyright holder's right to control the use of the lyrics and, if desired, to charge royalties.
As an alternative to quoting lyrics, an author may consider identifying the singer and song title, or referencing the lyrics without directly quoting them. The song, "American Pie", provides a good example of how references may be made to artists, songs and lyrics with almost no direct references to artists, titles or lyrics.
Notice how much repetition, simple language, and how clean and clear is the main message in the chorus. What message do you want your listener to walk away from the song knowing? This is your chorus. What small moment shows a great example of that main message? This is your first verse. The third tip for writing song lyrics is write like you speak. We speak English, we write English, we tell stories from our lives, and have meaningful conversations with friends.
But for some reason as soon as we start lyric writing, we believe those skills are not enough. We get obscenely abstract and poetic; we contort the language to get our rhymes to fall at the ends of the lines even when the content no longer makes sense. They sat together in the park As the evening sky grew dark She looked at him and he felt a spark tingle to his bones 'Twas then he felt alone and wished that he'd gone straight And watched out for a simple twist of fate They walked the old canal A little confused, I remember well Stopped into a strange hotel with a neon burnin' bright.
He felt the heat of the night hit him like a freight train Moving with a simple twist of fate A saxophone somewhat far off played She was walkin' down by the arcade Light bust through a beat-up shade where he was wakin' up She dropped a coin into the cup of a blind man at the gate And forgot about a simple twist of fate He woke up, the room was bare He didn't see her anywhere He told himself he didn't care, pushed the window open wide Felt an emptiness inside to which he just could not relate Brought on by a simple twist of fate He hears the ticking of the clocks And walks along with a parrot that talks Hunts her down by the waterfront docks where the sailers all come in Maybe she'll pick him out again, how long must he wait One more time for a simple twist of fate People tell you it's a sin To know and feel too much within I still believe she was my twin, but I lost the ring She was born in spring, but I was born too late Blame it on a simple twist of fate Edit Lyrics.
Add Your Thoughts 2 Comments. General Comment Wow I'm honestly amazed that nobody's said anything about this song yet. To tell you the truth, there isn't much else to say about it that Dylan's groupies haven't, but I really do like this cover alot more than the original. TomManns on January 24, Link. No Replies Log in to reply.
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