Can I Legally Use Walk on the Wild Side as a Book Title?

Question from Jules, Can I Legally Use Walk on the Wild Side as a Book Title?

Answer from AI:

Using “Walk on the Wild Side” as your book title in Germany involves several legal considerations, primarily under copyright, trademark, and unfair competition laws. Here’s a structured approach to your situation:

1. Copyright Considerations:

• Title Protection: Under German copyright law (UrhG), titles of works are generally not protected by copyright. This means you can use the title without infringing on copyright, as long as you don’t reproduce protected content like lyrics or musical elements from the song.
• Song Copyright: The song “Walk on the Wild Side” by Lou Reed is protected by copyright, covering its musical and lyrical elements. However, using the title alone doesn’t infringe on these rights.

2. Trademark Considerations:

• Trademark Law: Check if “Walk on the Wild Side” is registered as a trademark in Germany, particularly for books or related products. If it is, using it as your title could infringe on the trademark owner’s rights. You can search the German Patent and Trade Mark Office (DPMA) database to verify this.

3. Unfair Competition:

• Unfair Competition Law: If your book title causes confusion with another work, it might violate unfair competition laws. However, if your book is in a different genre or market, this risk is lower.

4. Right of Publicity:

• Publicity Rights: If the title is famous, using it might imply an endorsement or connection where none exists. This could lead to disputes, though such cases are rare in Germany.

5. Practical Considerations:

• Market Confusion: Using a well-known title might confuse potential readers, affecting marketing and leading to disputes, even if legally permissible.

6. Recommendations:

• Modify the Title: Consider altering the title to avoid confusion while maintaining its essence.
• Legal Consultation: Consult a legal expert to assess risks, especially regarding trademarks and unfair competition.

Conclusion:

While using “Walk on the Wild Side” may be legally possible, it’s crucial to check for trademarks and consider potential market confusion. Consulting a lawyer can provide personalized guidance and help mitigate risks.