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Thanks for your question. I am a copyright solicitor in Scotland with 35 years of experience in private practice and I hope that I can help you with your question today. Let me have a quick look at your question and I will either give you an initial answer or ask you for further information. I aim to respond as quickly as I can but sometimes I may want to take a little time to consider your question so as to give you the best possible answer.
Your research is correct and there is no issue with you giving your song this title. You can’t copyright a title because it’s not a “work” within the meaning of the copyright legislation. A good example is the single by our own Deacon Blue “Twist and Shout” which of course is identical to the title of the 1961 song by Bert Berns and Phil Medley and covered by many artists. The Deacon Blue song was a totally different song but they were able to use an identical title.
I hope this helped you today. Please do let me know if I can clarify anything. I am always happy to help. You are always welcome to ask a follow up question if it will help you further.
That’s correct, unless the title is so unusual and creative as to merit copyright protection.