Use of song title and artist in literary work.

[777jackpot]

I'm writing fictional work for profit and am wondering if I'm allowed to use the name of a real song title along with the name of the corresponding real artist when describing the entrance of a fighter as he comes to the ring.

 

[dee_dub]

Use of someone's name in a fictional work is protected speech under the First Amendment. You almost certainly will not be liable for misappropriating their identity. Even if you're selling the book for profit, its a literary work, not a commercial use.

If the artist has copyrighted their name there might be an issue of copyright infringement, but your fictional work would probably qualify as fair use.

Use of the song title would also probably qualify as fair use. Don't use a big chunk of the song, and don't make it a substantial portion of your own work, and don't do it in such a way that it might negatively impact the value of the song, and you should be OK.

 

[777jackpot]

Thank you for a well explained and quick response.