Is it legal to create and sell original artwork that is named after the title of a song?

[Adelia87]

Jurisdiction

Europe

Hello,

I'm an artist who's thinking about selling my art. I take inspiration from music and my paintings depict my own interpretation of a song (the meaning of the song, and/or the feelings it gives me, which is then visually transfered onto the canvas). Because of this, I like to name my paintings after the title of the song I was inspired by (or a short phrase from the lyrics that fits the visuals). I would also like to mention which band/artist the song belongs to.

For example:
Name of painting: "Purple rain" (or a short phrase from the lyrics: "I never meant to cause you any pain")
And: "Inspired by the song "Purple rain" by "Prince"

Would this be legal or do I need permission from the band/artist who owns the copyright to the song?

 

[adjusterjack]

It would likely be infringement if you did it without consent. Especially selling the results.

If you want to do that, do it with songs that are in the public domain.

Since January 1 2022, music published in 1926 and earlier is in the public domain.

There are probably thousands of songs and melodies from which you can get inspiration without risking a lawsuit.

 

[Adelia87]

It would likely be infringement if you did it without consent. Especially selling the results.

If you want to do that, do it with songs that are in the public domain.

Since January 1 2022, music published in 1926 and earlier is in the public domain.

There are probably thousands of songs and melodies from which you can get inspiration without risking a lawsuit.

Thank you for answering. Would you mind clarifying which specific part would be infringement, please? Naming the painting after a song title, or mentioning which song/band inspired me? Or both? And why? From what I've heard, song titles can not be copyrighted, isn't that right?

I'll clarify just in case it wasn't clear: my paintings are completely original, there is nothing in them visually that will infringe on the bands. I simply want to name the painting after a song title and explain to people where I got my inspiration from. This would not be ON the actual painting, but only as information on the website where I would sell my art.

 

[adjusterjack]

Would you mind clarifying which specific part would be infringement, please? Naming the painting after a song title, or mentioning which song/band inspired me? Or both?

Both.

And why?

Because you are using someone else's work to draw attention to your work for the purpose of selling your work. You'll be sued.

From what I've heard, song titles can not be copyrighted, isn't that right?

To some extent that's correct. There are many songs with the same title that have different lyrics and melodies.

But that's not what you are doing.

I simply want to name the painting after a song title and explain to people where I got my inspiration from. This would not be ON the actual painting, but only as information on the website where I would sell my art.

But the reference would help sell your art.

Again, there are thousands of songs in the public domain that you can refer to as your inspiration and nobody will say boo about it.

 

[Adelia87]

Both.



Because you are using someone else's work to draw attention to your work for the purpose of selling your work. You'll be sued.



To some extent that's correct. There are many songs with the same title that have different lyrics and melodies.

But that's not what you are doing.



But the reference would help sell your art.

Again, there are thousands of songs in the public domain that you can refer to as your inspiration and nobody will say boo about it.

Hmm, I never thought of it like that before. My intention is not to take advantage of their work to draw attention, but to give them credit for inspiring me in my artwork. But I can see how it could be interpreted differently.

It's interesting though, because I've seen a website full of paintings that is doing exactly what I described + even written lyrics on the paintings themselves. Tons of modern, famous bands/artists being mentioned there. I highly doubt they have received permission from all of them.

It's a pity I can't give credit to my inspirations, and sadly I'm not very interested in music from the 1920's and earlier. I suppose if I choose a title that is fairly generic and which isn't considered a trademark, without mentioning the band/artist, should keep me in the clear.
Thank you for your time!

 

[justblue]

Hmm, I never thought of it like that before. My intention is not to take advantage of their work to draw attention, but to give them credit for inspiring me in my artwork. But I can see how it could be interpreted differently.

It's interesting though, because I've seen a website full of paintings that is doing exactly what I described + even written lyrics on the paintings themselves. Tons of modern, famous bands/artists being mentioned there. I highly doubt they have received permission from all of them.

It's a pity I can't give credit to my inspirations, and sadly I'm not very interested in music from the 1920's and earlier. I suppose if I choose a title that is fairly generic and which isn't considered a trademark, without mentioning the band/artist, should keep me in the clear.
Thank you for your time!

There is some incredible music from the early 20th century...many of those artists inspired the artist you seem to admire. give it a chance.

 

[justblue]

 

[Adelia87]

There is some incredible music from the early 20th century...many of those artists inspired the artist you seem to admire. give it a chance.

I have. Just not my cup of tea

 

[Red Kayak]

It's interesting though, because I've seen a website full of paintings that is doing exactly what I described + even written lyrics on the paintings themselves. Tons of modern, famous bands/artists being mentioned there. I highly doubt they have received permission from all of them.

They just haven't been caught yet.

Just because other people do things wrong and don't get caught does not mean that you should, and count on not getting into trouble.

It largely depends on the group/artist and how vigilant they are about defending their property.

And how obvious the infringement is.

If you titled an artwork "Purple Rain" most people would assume you're referring to Prince.

If you titled an artwork "Butter" it might not be so obvious that you're BTS Army.

But perhaps it's just best to have your references be more mysterious, with your own secret references.

 

[adjusterjack]

My intention is not to take advantage of their work to draw attention, but to give them credit for inspiring me in my artwork.

Send them a thank you note, but don't attach their work to your work.

But I can see how it could be interpreted differently.

The interpretation that counts is the interpretation of the owner of the work.

It's interesting though, because I've seen a website full of paintings that is doing exactly what I described + even written lyrics on the paintings themselves. Tons of modern, famous bands/artists being mentioned there. I highly doubt they have received permission from all of them.

How would you know. They might have consent. They might have bought a license. They may be infringing. They may already have been sued. You have no idea what's going on behind the scenes.

. I suppose if I choose a title that is fairly generic and which isn't considered a trademark, without mentioning the band/artist, should keep me in the clear.

Might work. No way to predict.

We get questions like this frequently and I tend to wonder what's wrong with people who can't rely on their own creativity to sell their work? They have to piggy back on the works of others.

 

[Adelia87]

They just haven't been caught yet.

Just because other people do things wrong and don't get caught does not mean that you should, and count on not getting into trouble.

It largely depends on the group/artist and how vigilant they are about defending their property.

And how obvious the infringement is.

If you titled an artwork "Purple Rain" most people would assume you're referring to Prince.

If you titled an artwork "Butter" it might not be so obvious that you're BTS Army.

But perhaps it's just best to have your references be more mysterious, with your own secret references.

Of course it doesn't mean that I should do the same, that's why I'm here asking questions because I want to make sure I don't infringe.

I agree, it will be best to be less obvious in my references.

 

[adjusterjack]

I agree, it will be best to be less obvious in my references.

A wise solution.

 

[Adelia87]

Send them a thank you note, but don't attach their work to your work.



The interpretation that counts is the interpretation of the owner of the work.



How would you know. They might have consent. They might have bought a license. They may be infringing. They may already have been sued. You have no idea what's going on behind the scenes.



Might work. No way to predict.

We get questions like this frequently and I tend to wonder what's wrong with people who can't rely on their own creativity to sell their work? They have to piggy back on the works of others.

I know that, and I agree it will be best to not risk anything and show my appreciation in other ways.

And yes of course I don't know what's going on there. She either has a license or is infringing. As curious as I am, I've actually sent her an email. Who knows, she might answer and maybe even offers me some advice. I'm not counting on it though.

Honestly, I think it's a little rude of you to assume that people want to piggy back on the works of others. Like I said, I personally have no intention to do so. I only wanted to show my appreciation and credit the bands/artists as they are a source of inspiration to me. And I think it's like that in most cases. We are artists. We appreciate the art of others because we appreciate art in general. Even if we develop our own style we all take inspiration from somewhere/someone. Just like the bands/artists who speak openly in interviews about which bands or artists that inspired them. It doesn't mean they're piggy backing.
I'm confident my artwork will sell just as good, without referencing my inspirations. Again, that's not why it would be there. Not everyone has malicious intent, I think that's good to remember.

Has it ever crossed your mind that maybe you're seeing questions like these frequently because we actually want to make sure we are NOT infringing on someone else's work because we respect it, and because intellectual property law is quite complex, confusing and not so obvious to a lot of us?

 

[army judge]

Has it ever crossed your mind that maybe you're seeing questions like these frequently because we actually want to make sure we are NOT infringing on someone else's work because we respect it, and because intellectual property law is quite complex, confusing and not so obvious to a lot of us?

I don't allow the actions of other human beings to intrude into my musings and thoughts.

That said, if you're unsure about a legal issue, you can do two things.

You can do nothing, eliminating your risk.

You can retain an attorney to advise you accordingly.

 

[adjusterjack]

I know that, and I agree it will be best to not risk anything and show my appreciation in other ways.

Let's leave it at that and avoid further argument.

Thread closed.