US Introduces New Copyright Exemptions
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Q&As about names, titles & slogans
April 2009
This information is for general guidance only; it is not legal advice.
Look first at:
- copyright basics webpage
- Names, titles and slogans information sheet
| question | date | answer | more |
|
|---|---|---|---|---|
| Someone is trying to use our business name as the title for a television show. Can we stop them? |
21/05/10 |
It’s highly unlikely that a business name will be protected by copyright, and therefore copyright law is unlikely to be relevant in this situation. However, other areas of intellectual property may be relevant, such as trade mark law. You may also be able to take action for “passing off” and/or under the Trade Practices Act, but this will depend on the particular situation. Generally, if you are concerned that your rights have been infringed under these areas of law, you should consult a solicitor with the relevant expertise to see whether you have a case. |
* Copyright and intellectual property * Names, titles & slogans: legal protection * Legal advice service |
QA0604 |
| Can I stop someone else using my pen-name? | 11/4/2006 |
Generally, copyright does not protect a name, whether it is the real name of an author or a pen-name. However, if the writer has established a reputation in a pen-name, he or she may be able to prevent others from using the name in a way which causes confusion by relying on the law of passing off, or fair trading laws. A distinctive name may also be registrable as a trade mark. | QA0284 |
|
| Can I use the title of a song as the name of my shop? | 11/4/2006 | Song titles are generally not protected by copyright. However, if the
title of a song is also a “substantial part” of the lyrics of a song,
you are likely to need the copyright owner’s permission to reproduce
it. In copyright law, any part of a work which is important,
distinctive, essential or recognisable is likely to be “substantial”. Other areas of law, such as passing off, may also restrict your right to use the title of someone else’s song for the name of your shop, even if this would not be a copyright infringement. |
QA0285 |
|
| Can I get any legal protection for the title of my book? | 11/4/2006 | Book titles are generally not protected by copyright, so you will need to look to other areas of law for protection. You may, for example, be able to register your title as a trade mark. You may also be able to use passing off laws, or the Trade Practices Act or fair trading laws to prevent someone else from using your title in a way which would mislead or deceive consumers into thinking that you had authorised the use of your title for that product or service or were endorsing that product or service. | QA0286 |
|
| Do I need permission to use a few words from a book as the title of my own book? | 11/4/2006 | You will not need to get permission unless the words you are using are
a “substantial part” (that is, an important, distinctive, essential or
recognisable part) of the work that you are taking them from. |
QA0287 |
|
| How can I prevent someone else using the title of my book before it is published? | 11/4/2006 | It is unlikely that your title is protected by copyright. Generally, you can’t prevent someone using your book title before it is published, unless you disclosed it to them on a confidential basis. If someone else thinks of the same title independently and publishes before you do, there is generally nothing you can do under copyright law to stop them. Th title may, however, be protected as a trade mark if it has been used or registered as a trade mark. | QA0288 |
|
| How do we protect our band name? | 11/4/2006 | Band names are generally not protected by copyright, although other
laws may apply. A band name may be registrable as a trade mark, and
may need to be registered as a business name. If someone has
established a reputation in connection with a band name, they may be
entitled to prevent others from using the same or a similar name in a
way that is misleading or confusing. For example, a band which has
established a reputation in Sydney may be able to prevent another band
in Sydney from using the same, or a deceptively similar name. |
QA0289 |
|
| Can I protect the title of a show? |
11/4/2006 | The title of a show is unlikely to be protected by copyright. However,
a distinctive title may be registrable as a trade mark and/or a
business name. You may also be able to prevent another person from
using that title in a way which would mislead or deceive consumers
under fair trading legislation and under the law of passing off. |
QA0290 |
|
| Can I use a song title that someone else has already used? |
11/4/2006 | 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. |
QA0291 |