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Song using three words from trademarked song Copyright

Discussion in 'Copyright, Trademark, Patent Law' started by Real2014, Sep 1, 2014.

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  1. Real2014

    Real2014 Law Topic Starter New Member

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    Does someone have part ownership in a song you wrote that has three words that are trademarked? I was asked to write a song for their business.
     
  2. army judge

    army judge Super Moderator

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    Please clarify for me.

    Joe and Bo collaborate and write a song.

    The song goes like this, for example:

    I like rocks
    You like blocks
    We both crave electric shocks
    If you me with me,
    I'll mess with you
    Blue boo Hoo
    Boo Hoo Blue
    Eat more chicken
    Your fingers keep on lickin'


    Okay, "eat more chicken" are the copyrighted words to which you refer for this example.

    You must look to two places for your answer, if my questions are on point.
    The contract you signed when you were engaged to create the jingle or song, and copyright law in general.
    What, you have no contract?
    Houston, you MIGHT have a problem.


    Definition: A trademark is a recognizable sign, design, or expression which identifies a product or service from a specific source differentiating it from other sources.

    Definition: A copyright grants an exclusive legal right, to the originator or an assignee to print, publish, perform, film, record literary, artistic materials, or musical materials, as well as authorizing others to do the same.



    Reference:

    http://www.uspto.gov/trademarks/

    http://www.copyright.gov/circs/circ50.pdf

    http://www.wikihow.com/Copyright-a-Song

    http://www.copyright.gov/

    http://www.templetons.com/brad/copymyths.html
     

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