Is this Copyright infringement?

[Faero911]

Okay, so my book is about music-bands, specifically. The protagonists in the book are part of a fictional band, but I'm writing the description of the events that led to the present, and I want to use a few real bands, just the names.

Do I have to get permission to do this?

Thanks,


Faero

[Mike Sharpe]

First: I AM NOT A LAWYER! Any Advice I give is not my opinion not of a Professional!

Second: Not getting Permission, It's seems fine, and long as you're not insulting. If the only a few mentions of a band you should be fine.

[Faero911]

Okay. It's not insulting, its just mentions a couple bands once.

Thanks

[Mike Sharpe]

Actually, thinking about it. Names, such as Band names, can not be copyrighted.

I'm going make this clear: I AM NOT A LAWYER!

[Evo Terra]

It is not copyright infringement to print the name of real band names. You may have trademark issues to contend with (unlikely, but possible). And of course there is libel issues, if you print things that are not true.

But to answer your question: no, it is not an infringement of copyright to print the name of a band.

[Faero911]

Well, its a near future story, and all I said was that a couple of well known bands led the charge against the Purist government before being apprehended.

[Evo Terra]

Still not a copyright issue. Most likely isn't a libel issue, since you are obviously writing a fictional account.

[Faero911]

Ok. Thanks guys!

[Faero911]

Another question:

I want to quote a line from a song before each chapter that sorta gives a hint to what the chapter is going to be about. Is THIS copyright infringement?

[Dave Hitt]

Absolutely. Even if you do it with a copyright notice.

Music publishers charge very high fees to novelists who quote even small portions of their songs. Whenever you see a novelist use lyrics you'll also find a Used By Permission note in the flyleaf of the book for every song quoted. And each of those permissions cost the author or book publisher a fee. Quite a while ago I read an author complaining that the publisher wanted $1500 to reprint two lines from a song.

I'd also avoid having real bands do anything in your book. Attributing actions to real people is likely get you into a world of legal trouble. Even fictionalized versions of real people, if they're recognizable, can result in a lawsuit. Remember that anyone can file a lawsuit, and even if you're in the right, it can cost you thousands or tens of thousands of dollars in legal fees to prove it.

[Faero911]

Damn. That was going to be a great part of the book layout, as the quotes from the songs pertained to the mood of the chapter.

As always though, thanks for the help.



Faero

[Emerian Rich]

Your best bet is to go with new up-and-coming musicians who WANT their stuff to be promoted. Some may even let you play it on your podcast for free in exchange for a little blurb at the end -- you saying who they are and where the fans can buy their songs. You can always troll for new bands at myspace. As far as using exsisting bands songs... you can try to get ahold of them, but good luck getting an answer unless you mention payment.

[Faero911]

Yeah. That kinda sucks. The final venue of the book was going to have a 25 track song list of covers of the greatest rock songs ever.

Dang. Thanks for all the help though, guys.