Song Phrase or Title Use

[Dean Vella]

Jurisdiction

US Federal Law

I have created a unique trivia game based on music from different decades and soon future genres. The answer cards state a song phrase or title from the song. Attribution is given on the card.

The game is based on an era of music with several hundred cards provided in the deck with the abovementioned information. My concern is an infringement. Having done some research and as an example, the song lyric and title, "Born in the USA", by Bruce Springsteen, is owned by Sony. That phrase is used on one of 400 cards in the deck.

Although they are common words, I would be using them in a music-related game, and not sure if I would be committing an infringement. Can I use the Title or phrase from the song in the game I am hoping to publish? A percentage of the proceeds will be donated to charity if that has any bearing.

 

[justblue]

I have created a unique trivia game based on music from different decades and soon future genres. The answer cards state a song phrase or title from the song. Attribution is given on the card.

The game is based on an era of music with several hundred cards provided in the deck with the abovementioned information. My concern is an infringement. Having done some research and as an example, the song lyric and title, "Born in the USA", by Bruce Springsteen, is owned by Sony. That phrase is used on one of 400 cards in the deck.

Although they are common words, I would be using them in a music-related game, and not sure if I would be committing an infringement. Can I use the Title or phrase from the song in the game I am hoping to publish? A percentage of the proceeds will be donated to charity if that has any bearing.

I would highly advise you to consult with an Attorney specializing in IP/Copyright Law.
Not only for the song titles but for the game itself...because it seems like (based on your description of the game in the opening post) a rip off of Trivia Persuit.

 

[adjusterjack]

Yeah, that. ^^^^

 

[zddoodah]

Having done some research and as an example, the song lyric and title, "Born in the USA", by Bruce Springsteen, is owned by Sony.

The album Born in the U.S.A., which includes the song of the same name, was released by Columbia Records, which is now owned by Sony Music Entertainment. Based on how record contracts were done back in the early/mid-'80s, Columbia would have owned the sound recording copyright in the album (including all songs on the album). However, neither Columbia nor Sony "owns" "the song lyric [or] title" of the album or song.

Bruce Springsteen wrote all songs on BITUSA. As such, he was the original owner of the musical composition copyrights in all of the songs. Unlike a lot of musicians and songwriters, Springsteen did not, at that time, have a publishing company that administered his publishing rights. I'm confident that has changed over the last 39 years, but I don't know who currently owns the song recording copyrights in the BITUSA songs. If any licenses are needed, it will be from the owners of the musical composition copyrights.

If you're not clear on the distinction between the sound recording copyright and the musical composition copyright, feel free to ask. It's an important distinction.

Can I use the Title or phrase from the song in the game I am hoping to publish?

I can tell you a lot about copyright law, but you will never get a reliable answer to this question from an online message board. If you want to market this game, you'll need to pay an attorney to review it and advise you.

A percentage of the proceeds will be donated to charity if that has any bearing.

It doesn't.

 

[Dean Vella]

The album Born in the U.S.A., which includes the song of the same name, was released by Columbia Records, which is now owned by Sony Music Entertainment. Based on how record contracts were done back in the early/mid-'80s, Columbia would have owned the sound recording copyright in the album (including all songs on the album). However, neither Columbia nor Sony "owns" "the song lyric [or] title" of the album or song.

Bruce Springsteen wrote all songs on BITUSA. As such, he was the original owner of the musical composition copyrights in all of the songs. Unlike a lot of musicians and songwriters, Springsteen did not, at that time, have a publishing company that administered his publishing rights. I'm confident that has changed over the last 39 years, but I don't know who currently owns the song recording copyrights in the BITUSA songs. If any licenses are needed, it will be from the owners of the musical composition copyrights.

If you're not clear on the distinction between the sound recording copyright and the musical composition copyright, feel free to ask. It's an important distinction.



I can tell you a lot about copyright law, but you will never get a reliable answer to this question from an online message board. If you want to market this game, you'll need to pay an attorney to review it and advise you.



It doesn't.

There is no clear answer other than using the title of a song, which does not appear to be an infringement. There seems to be a lot of grey area with the lyrics. The use of common words, which I thought, Born in the USA would have fallen under may or may not be an infringement.
Those words are registered. So the use of those words in my game even with attribution is an infringement?

 

[welkin]

I would highly advise you to consult with an Attorney specializing in IP/Copyright Law.
Not only for the song titles but for the game itself...because it seems like (based on your description of the game in the opening post) a rip off of Trivia Persuit.

And a few lesser know music trivia games.

 

[zddoodah]

So the use of those words in my game even with attribution is an infringement?

Again: I can tell you a lot about copyright law, but you will never get a reliable answer to this question from an online message board. If you want to market this game, you'll need to pay an attorney to review it and advise you.

 

[flyingron]

I'm confident that has changed over the last 39 years, but I don't know who currently owns the song recording copyrights in the BITUSA songs. I/QUOTE]

Harry Fox's database lists Sony/ATV POP MUSIC PUBLISHING as the publisher for mechanicals.