Song titles cannot be copyrighted in the United States. Federal regulations place “names, titles, and slogans” in a category of material the Copyright Office will not register, no matter how original or memorable the title is.1U.S. Copyright Office. Code of Federal Regulations 37 CFR 202.1 A title can, in narrow circumstances, gain protection through trademark law instead, but the standard is much higher than most artists expect.
Why Copyright Does Not Cover Titles
The rule at 37 CFR 202.1(a) is categorical. “Words and short phrases such as names, titles, and slogans” are not subject to copyright, and applications to register them will not be accepted.1U.S. Copyright Office. Code of Federal Regulations 37 CFR 202.1 There is no case-by-case review. A brilliantly original three-word title gets the same treatment as a generic one.
A title functions as a label that identifies the work. It does not contain enough creative expression on its own to meet the threshold copyright demands, even when the songwriter treats the title as central to the song’s meaning.
What Copyright Does Protect in Your Song
The song itself is protected, and it is protected twice. Federal law recognizes two separate copyrights in every recorded song, and different people often own each one.2Office of the Law Revision Counsel. 17 U.S.C. 102 – Subject Matter of Copyright: In General
The first is the musical composition: melody, harmony, chord progression, and lyrics. This belongs to the songwriter and is often assigned to a music publisher. The second is the sound recording: the specific recorded performance, including arrangement, instrumentation, and vocal delivery. This one usually belongs to the recording artist or their label. A cover band performing the song needs a license for the composition but creates its own sound recording copyright in its performance.
The title stays outside both copyrights, no matter how many times the song is recorded.
Why Trademark Registration for a Single Song Title Gets Refused
Artists who learn the title cannot be copyrighted often turn to trademark registration. The USPTO will not register the title of a single creative work as a trademark.3United States Patent and Trademark Office. Trademark Refusal: Title of a Single Creative Work A trademark identifies a commercial source the way a brand name identifies a company. The title of one song identifies that song’s content, not its source.
There is also a policy reason. Copyright lasts for a limited term. Once a song enters the public domain, anyone can perform and distribute it. If the title were locked up as a trademark indefinitely, nobody could use that title to refer to the now-public work. That conflict between copyright’s time limit and trademark’s potentially perpetual duration is a core reason the USPTO draws this line.
The exception is a series. If a title appears across multiple albums, a recurring concert series, or a podcast, the USPTO may treat it as a source identifier for the series rather than a label for one work. Evidence of series use typically includes album covers, promotional materials, and download pages showing the title used across at least two distinct releases.3United States Patent and Trademark Office. Trademark Refusal: Title of a Single Creative Work
When a Song Title Can Earn Trademark Protection
A song title can gain trademark protection if it develops what the law calls acquired distinctiveness, meaning the public has come to associate the title with a particular artist or commercial source rather than just the song itself.4Office of the Law Revision Counsel. 15 U.S. Code 1052 – Trademarks Registrable on Principal Register Five years of substantially exclusive and continuous commercial use can serve as evidence.
In practice, this happens when the title takes on a life beyond the music. Launch a clothing line, a touring brand, or a product line under a song title, and that title starts functioning the way “Nike” or “Coca-Cola” functions. It tells consumers who is behind the product. At that point, it has crossed from content label to source identifier, and trademark protection becomes available.
Federal registration is not strictly required to enforce trademark rights. Common-law rights arise from actual use in commerce. But registration on the Principal Register brings real advantages: nationwide priority from the filing date, the right to use the ® symbol, and access to federal courts for infringement claims.
What Registration Costs
The USPTO’s current electronic filing fee is $350 per class of goods or services.5United States Patent and Trademark Office. USPTO Fee Schedule Covering both recorded music and merchandise means at least two classes and $700 in government fees. Attorney fees for handling the application typically run $1,000 to $2,000 more, higher for complex applications or those that draw office actions.
Filing Before Release
You can file an intent-to-use application before the song is even released. Anyone with a bona fide intention to use a mark in commerce can apply for registration before actual use begins.6Office of the Law Revision Counsel. 15 U.S. Code 1051 – Application for Registration; Verification The filing locks in a priority date, which matters if a competitor files for the same or a confusingly similar mark.
The application requires a verified statement of intent and a list of the goods or services. No specimen of actual use is needed yet. After the USPTO issues a notice of allowance, you have six months to file a statement of use showing the mark is being used in commerce. Extensions come in six-month increments up to 36 months from the notice of allowance.7eCFR. 37 CFR 2.89 – Extensions of Time for Filing a Statement of Use
“Bona fide intent” is not a formality. You need real plans to use the title commercially. Speculative filings on titles you have no plans to use are grounds for cancellation.
Can You Use Someone Else’s Song Title?
Because copyright does not protect titles, releasing a new song with the same title as an existing one is legal from a copyright standpoint. The music industry is full of examples. Dozens of songs are titled “Stay,” “Home,” or “Crazy,” and no copyright claim is possible among them.
The risk lives in trademark. If the original title has acquired distinctiveness as a brand, using it in a way that creates a likelihood of consumer confusion can trigger an infringement claim. Courts ask whether ordinary consumers are likely to believe the new work comes from, or is endorsed by, the original artist. Factors include how famous the original title is, how similar the goods or services are, and whether there is evidence of actual confusion.
Nominative fair use gives some breathing room. If you need to reference another artist’s song by name, you can use only as much of the title as necessary to identify it, without implying sponsorship or endorsement. Reviewers, playlist curators, and artists discussing influences rely on this principle every day.