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Can I use a song title that someone else has already used?
27.5.2008
In general terms, you will not need permission in order to use the same song title as someone else, unless the title is also a “substantial part” of the lyrics. However, if the person or band has established a reputation in connection with the song title, they may be able to prevent others from using the title in a way which causes confusion (for example, by relying on the law of passing off or fair trading laws), or to register the title as a trade mark.