Is using a song title as your title plagiarism?


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Thread: Is using a song title as your title plagiarism?

  1. #1

    Is using a song title as your title plagiarism?

    Basically what it says in the header. I'm about to start submitting a short story I just finished editing for publication (thanks to Ma'am for suggesting Duotrope in that unpopular opinions thread btw). The working title is Where Dead Angels Lie and I think it fits the story pretty decently. The problem is that I blatantly stole this from a song by Dissection with exactly the same name. So that's my question. Is this technically plagiarism and/or copyright infringement?
    Dead by Dawn!

  2. #2
    Just a note: any legal advice should be sort from a lawyer in your neck of the globe.

    In general. Titles aren't subject to copyright, but trademark and unfair competition law might apply. With trademark, most titles can fall under general usage and be too common to trademark. However, more unique song titles can be trademarked. It could also come down to that if it's recognizable that you're using the fame of one well-known title to sell your own, then there's potential for being sued.

    I would definitely check to see if the song title is trademark material.
    Running on Id, no Ego or Super-ego at the helm

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