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Want to use song titles for menu items...

YvetteMarieYvetteMarie subscriber Posts: 8
edited March 2007 in Protecting Your Ideas
I was wondering.. how far do copyright issues go?
I was talking to my son about how he could make money doing what he loved.. (( Hes 11, but Im planting the entrepreneur seed early )) and he was talking about how he would love to have a smoothie shop.  I told him that he would need to work out what would make it cool and different... he loves 80s music and was thinking that it would be fun to name the smoothies after 80s songs.
Maneater,  Everybody wants to rule the world, etc... he had a whole list and its a cute idea.. but I wondered.. would that be copyright infringement?  What about playing 80s music in a store.. are there fees to be paid for that as well?  This is by no means anything that will come to fruition now.. we were just wondering.


  • YvetteMarieYvetteMarie subscriber Posts: 8
    Oops..and wanted to edit it to add.. He wanted to name it... "Whip it!" and teh tagline to be.. we whip it good.. and wear a devo hat... LOL
  • greenlandgreenland subscriber Posts: 1
    There are fees to be paid for playing the music in your establishment. If you just use a radio station, the fees are already covered by the radio station. Otherwise playing the music would be considered a performance and the music industry would like you to register with a Performance Rights organization like BMI where they would somehow monitor what you play and charge for roylaties accordingly. I`d bet there is an intermediate music distributer who would sell blanket licensed compilations (even customizable) for a set price just for store owners and such - Like what you hear in drug stores, etc. I suppose the 80`s channel on your digital cable music selection would work as well. The royalties should already be wrapped up in your cable fee.
    Although I don`t know how you would get caught if you just played the music without reporting performance. I know there a re plenty of DJ`s out there who are playing music without paying royalties.  greenland2007-3-20 11:21:16
  • iouone2iouone2 subscriber Posts: 14
    I am certain there`s no issue here. That also goes for the "whip it good" and costume design part. It would be too hard to prove the success of the shop was due to the `parody` of the music industry.As for
    comment about 16  bars... that`s only part true. It all comes down to proving the success of the second song using the 16 bars is strictly due to the 16 bars usage or if there are other elements taking place which provides the success.For example, if my hit tune uses 16 bars of a previously created `super hit` and reaches fame itself, then the original artist could take me to court for copyright infringement. That doesn`t mean they will win. While in court they would have to prove that the only reason my song was successful was because of the 16 bars I used from their song. That would be very hard to prove, but no one wants to go through that... So once you reach that level of `income` or attention, it`s much easier to settle out of court and give the original artist a cut. Then everyone`s happy. After all, the lawsuit likely didn`t start because one artist was mad at another for using it. It typically comes down to getting paid.(It`s been a little while, but I did take a couple of copyright law classes, but that makes me no expert. I am not a lawyer, and laws do change... but during class, this is one of the issues we concentrated on because Rap music was doing exactly this...)All in all, I don`t think you`re going to have any trouble... and hey... if you do, think of the press release you could write about the situation. This would get you so much additional attention, that you might be happy to `share` a little of the income with a lawyer. After all, they won`t take it all... they just want a little.
  • YvetteMarieYvetteMarie subscriber Posts: 8
    Ive heard the same for using music on my slideshows for my photography business.  Its a nono.  I wondered though about having the client bring their favorite music from home to play while we shoot.. for seniors, to feel more comfortable?
    Thanks for the tips guys.  If this smoothie shoppe ever comes to fruition, we will play the radio station! ;c)
    and Whip It! is a great name, and not copyright protected so... WOOT! ;c)
  • iouone2iouone2 subscriber Posts: 14

    ... I don`t mean to bring this post off topic, but I have an idea you may want to speak to a lawyer about. I vaguely remember a situation where I could rightfully own (by purchasing a legal copy) a music  CD and copy this to a cassette for my own purposes and use. Not for financial gain or to share with others... Could it be possible to ask your customers to provide their own legal copy of music and you could apply it to their video for them? Of course they are using it for their personal enjoyment, and you are not being paid for adding it to the production. You are being paid for the production, its self. Adding the music is just a favor you are doing. Just a thought. Like I said, you should talk to a copyright lawyer first to be sure.
  • stevesteve subscriber Posts: 14

    There was a club in Peoria, when I lived there. They had a jukebox, and
    one afternoon some fella from ASCAP wandered in...

    So, it`ll play in Peoria but it`s gonna cost you.
  • TimBTimB subscriber Posts: 4
    Not a big deal, do not worry. Go and ask you family lawyer. I think its a patent issue because a copyright protects a wide range of creative or intellectual work. This includes written works as well as dramatic, musical, and artistic creations.
    In most cases, a work does not have to be published to be copyrighted. Depending on where the work is produced, it may not even have to be registered. In the US, for example, a work is protected by copyright the moment that it is created. Registering the creation with a copyright office is often recommended, however, as it can help clarify any future disputes as to ownership.
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