Permissions needed for using business names in song lyrics

[karrie]

Hello,
I have a song that I would like to record on my upcoming project because audiences really enjoy it. However, it has a list of local & national business names in the lyrics (it's a positive, happy song - nothing derogatory).

Questions:
1) Do I need to obtain permissions from the businesses to use their names in a recording? (I seem to remember something in the media about the Mattel & the band who wrote that Barbie World song)

2) If I do need permissions, would I just contact the corporate marketing offices, or is there something I must do with Trademarks, Registered Names, Mechanical Rights/Copyright?

Thanks,
Karrie

[simonparker]

You would have to ask a lawyer.

But from someone not giving legal advice, I would think you'd have to request permission for any trademark you use in a song, just as any trademark included on a t-shirt, billboard, or in a movie requires permission (think ET and Reeses or Redstripe used in the Firm).

With regard to the Barbie Girl song, there was a lawsuit by mattel for infringement of the trademark. But just like copyright has an exclusion for fair use (think 2 Live Crew's paradoy of Roy Orbison's Pretty Woman), so too does trademark law.

As for whom to contact, I don't know, I don't use Wal-mart in any of my lyrics. But if I did, I would contact their corporate office and speak to someone in their legal department for starters. For smaller mom-and-pop shops, I would just ask at the front counter.

[greatmoves]

Hi Karrie,

Sorry to be so late with this reply, I just came across this and had to respond cause this is a good question, but I say you do not have to get permission to use a company's name in your song. IMO, you are not violating any copyright or Trademark rights of the company.

Think of it this way, is it favorable or disgruntled? well favorable would be great for the company and odds would be in your favor, however if the song is about something you don't like or a disgruntled event then the odds are pretty small that you will be given permission. Say you wanted to use a copy righted photo... and you paid the fee, you don't have to use it in a favorable way to the person in the image of the photo. If you don't believe me watch SNL, or any other comedy sketch show, they pay for the license and everything else is fair game. Ok, I know that's different than what your situation is. My analogy is to make clearer the point of a tangible copyrighted item vs the mere mention of a brand name... it's in the public domain and it's ok to freely mention them.

No one can stop you from airing your opinion about their company good or bad, in written text or lyrics as long as you are not telling lies on the company, that would be liable (Again, not a lawyer here). If that were the case news reporters and comedians would be out of business.

Are you aware of the song "United Airlines, broke my Taylor guitar", or the "Superman" song by "Three Doors Down" None of which, I would bet neither even entertained the thought of getting permission. Note that in the United song the writer mentioned the names of two companies... one negatively, the other sort of positively with the mere mention of owning their product, which bolsters my point I mentioned earlier.

http://www.google.com/search?hl=en&sour ... tar%2C+you

Well, I'm pretty sure they did not give their permission for someone to air their inconsiderate customer service methods. I am not a lawyer and this is not legal advice but if it were me I would write what ever I wanted. Just as long as you are not using any intelectual material you should be fine, and just the mention of a company's name IMO is not trademark or copyright infringement.

We have free speech in this country, use it, This is America

Good Luck, Updates on your final decision... are appreciated.


BB

[mazz]

I heard Ingrid Michaelson per form a song yesterday at the ASCAP expo that used Rogaine. I doubt that she asked permission first but I don't know the law in this regard. Great song, though!

[karrie]

Thanks guys, I'll let you know what I find out from the legal realm. I've already obtained permission from two of the companies, but if I don't have to get permission from the others, that would be great. I'll keep you posted.

Thanks again,
KPA

[mojobone]

"United Breaks Guitars" is protected free speech and news reporting, to boot; since it's true, there can be no slander/libel. Mattel made a major error in pursuing damages, as they ended up discrediting their own brand (turns out, lotsa Barbie fans liked the song) and ended up losing the case, to boot, as they were unable to prove any damage to their sales/reputation, nor any intent of same on the part of the defendants. As long as you're telling the truth, you're probably okay, even when singing about, say, an oil spill. It's neighborly to ask, though.