Famous Song Titles on Poster Designs for Resale

[berverwelly]

Hi there I have an issue I would like to resolve, apologies I have read tons on the Internet so far and cannot find a specific answer to my query, so felt it best to contact yourself.

I am a Graphic Designer, I designed some Song Lyric Prints with lots of famous lyrics on them, aiming to sell them online when someone pointed out that this is Copyright Infringement. I now know all about this matter and am looking for a way to still do my designs but make the content just a list/jumble of song titles.

For Example a poster with these titles in whatever font/layouts...


WONDERWALL
SOME MIGHT SAY
YOU GOTTA ROLL WITH IT
SONGBIRD
STOP CRYING YOUR HEART OUT
SUPERSONIC

Then at the bottom it will say

Oasis

Now I know songs and lyrics are Copyrighted but that song titles are not, so was rather hoping that by using these song titles it would not be illegal? My intention is to sell these designs online, so I not totally sure if it's legal to design and sell posters based on bands/artists and their lyrics. Obviously it is done a lot and people create their artwork and imagery based on a band and sell it, but are they at risk of being sued? I need to be 100% sure as it is not worth the risk, I enjoy music and art and combining the these mediums. Any knowledge and advice on this matter would be greatly appreciated.

Warm Wishes,

Lana

 

[army judge]

I suggest you consult with a local attorney or two.

The initial consultation is often offered free of charge.

I'll offer my opinion, but its always best to seek a second or third opinion when it could affect your money or your business.





Okay, what you're proposing could probably be considered "derivative works".

You might also wish to investigate "fair use".

I would advise you to resist the temptation to use ANY material that is protected by a copyright or trademark.

It can very often create more problems for you that generating the desired revenue.

But, that's why I suggest you speak with an attorney proficient in copyright law befiore getting your neck or hands cut off.








A work consisting of editorial revisions, annotations, elaborations, or other modifications which, as a whole, represent an original work of authorship, is generally considered a "derivative work".



http://www.legalzoom.com/intellectual-property-rights/copyrights/what-are-derivative-works-under



http://www.copyright.gov/circs/circ14.pdf




​

Derivative works could be further defined as work based upon one or more preexisting or previously established works:​

1. translation
2. musical arrangement
3. dramatization
4. fictionalization
5. motion picture version
6. sound recording
7. art reproduction
8. abridgment
9. condensation
10. or any other form in which a work may be recast, transformed, or adapted.