Re: kandelikas--and "losing the composer"

[MaxwellSt <MaxwellSt...>]

In a message dated 11/8/2002 9:42:17 AM Central Standard Time, 
joel(dot)br (at) verizon(dot)net writes:

> 1)    You're right that a song title can't be copyrighted. But if a 
> performer/songwriter gives a new song the same name as another well known 
> song, and some of their lyrics or melody are the same as the lyrics or 
> melody of the original, that would point to it being based on, if not the 
> same song as, the original. Looking at another holiday standard penned by 
> another Jewish author, I have to imagine that if I did a song called "White 
> 
> Christmas" beginning with the lyrics, "I'm dreaming of a White Christmas", 
> I'd be hearing from the Irving Berlin Music Co.
> 

Gosh, I'd like to hear from a lawyer on this one!  I would be REALLY 
surprised if one were obliged to pay on a similar title.  Go onto Amazon and 
do a search on a title name.  You will probably find at least five people 
sharing the same title (I did, when looking for an original name for my CD)!  


I'm no lawyer, but my lawyerly lineage tells me that the fact that the 
content bears no resemblance to Flory's song of the same name beside the 
counting of kandelikas would mean there would be no legal liability.  And my 
experience tells me that it doesn't really matter, because artists rarely 
have the money to sue for rights.  If people want to get upset on Flory's 
behalf, talk to her about what her label has been doing with her royalties 
for years.  That's emes something to sue over.
Shabbat Shalom,
Lori