Song Titles as Chapter Headings

Dear Rich: I have written a book that has 40 chapters and each chapter title is a song title by various artists. Only the title was used and I intend on giving a credit listing to the authors of those songs. I know if I use any lyrics in the book I will have to get permission but what about titles only? You can use various song titles as chapter headings without getting permission (and without providing attribution). Song titles are not protected by copyright law and the songwriter cannot use trademark law to prevent your use as chapter headings, either. Using a song title as the name of a book is also fairly common (although apparently things can get litigious when using a song title as the name of a TV show).

Can I Write a Song Called American Graffiti

Dear Rich: If I choose to compose a song with the title "American Graffiti", and include the phrase "American Graffiti" several times in the lyrics, is this considered a derivative work for which permission would need to be granted from the copyright owner? The song would not be about the movie - it's just a cool phrase. I read your article on copyright for short phrases but am still not sure. You should be fine with a song titled (and including the phrase), "American Graffiti." The two-word combo is not protected under copyright law and (based on this case and others) it's unlikely that Universal, the owner of rights would proceed with trademark claims against a songwriter. (Currently Universal holds only one trademark registration for American Graffiti -- Reg. No. 2336375 -- for die cast miniature vehicles.) Also (and we're not sure if this qualifies as an FYI or a BTW), but according to the Harry Fox song database, there already is a composition entitled American Graffiti by Scott Wiseman. Many songs (for example this and this) can have the same titles ... so that should not be an issue.