Legal Question / Brand Names in Songs

[brianh]

Hi Everyone,If I use the word "Superman" in a song and the song's title (without any other explicit reference to the comic book character of the same name), will I get sued by DC Comics and the rest of the Superfriends? I remember hearing that Paul Simon was sued by Kodak for using "Kodachrome" in his song. I'd love to hear from someone who has legal experience. Thank you in advance for your advice!Brian

[hookstownbrown]

I don't have legal experience Brian, but I can tell you, at least in the country music world, it is commonplace to use brand names in a lyric.Think about it from their perspective... Free advertising...

[milfus]

yeah I have never heard of a law suit personallyand theres songs like "this cokes for you" "air force ones" etc...

[edteja]

Paul Simon had to change Kodachrome because of a law suit. Coke sued a friend of mine for using the phrase"It's the real thing" in a song.

[Casey H]

To the best of my knowledge, Paul Simon never had to change a thing. Kodak started legal action and it was determined (either by a judge or their own lawyers), that Kodak was getting free advertising and there was no issue.References to Superman, Kryptonite, etc have been a many hit songs the past few years. My guess would be if you used a brand name in a negative, slanderous, or defamatory way, or in association with something that could really hurt their image, you would have a problem. Sheryl Crow had some problems (not sure if she was sued) because she mentioned in a song that someone shot someone with a gun bought at Wal-Mart. That isn't the same as saying, "hey, I ran into you at Wal-Mart the other day".Interestingly, I have a song in a music library (they didn't bat an eyelash on the lyrics) that opens with "Drink my coffee in the Border's store". So I REALLY HOPE I'm right here. Casey

[milfus]

well and a brand name is different than a copywrited catch phrase too

[hookstownbrown]

So...This song I've been working on...Might not get cut?KFC serves pidgeonTaco Bell serves rat meatBut it makes them money and when cooked in honey...The bitter taste turns sweet!

[silvercord]

muhahaha now you've got me hungry, Hookstown!

[geo]

Long as the pigeon's original recipe, I'm in. Geo

[che]

Shoot, we've got a song with Superman in it also. It never even crossed my mind that it might be a problem. Let's hope not.