Can I get sued for using a song title for menu items

Desiree0702

New Member
Hello, I wanted to start a food business and planned on using song title as the name of my dishes. I was going to credit the artist in the description and explain this dish was inspired by so & So
Artist. Here's an example "Named after Miles Davis song So What.....". The dish will be called "So What" and that's what will appear on the menu but in small print underneath I will state what I just typed in the "". I want to know if I am able to do that or will I be at risk for someone suing me due to copyright or trademark issues. Thank you in Adaance for your advice :)
Also if I was at risk of being sued. If I changed the spelling of the name and still credit the artist would that make it better?
 
Song titles are not protectable by copyright.

Trademark might be an issue, though probably less likely in the case of songs not currently in the public spotlight.
 
I'm trying to think up song titles that can be associated with food. Otherwise I'm not sure it makes sense to even do it. Let's see:

Runaround Soup
Heart and Soul Food
Am I Blue Cheese
Wind Beneath My Buffalo Wings
Over the Rainbow Trout
Tutti Frutti Ice Cream
Garden Party Salad

I had a hard time thinking up those.

Some of those, you'd probably get sued for.

When in doubt, get consent or don't do it.
 
I want to know if I am able to do that or will I be at risk for someone suing me due to copyright or trademark issues.

We have no reason to believe you're not able to do that, but you will be at risk of being sued. The simplest explanation as to why: because you're using the work of others to enhance what you're doing.

If I changed the spelling of the name and still credit the artist would that make it better?

No.

P.S. I agree that some of "adjusterjack's" examples would not get you sued, and that illustrates that specifics matter. Consult with a local attorney.
 
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