# Rhapsody In Blue goes public domain--impact on United Airlines? **URL:** \ **Category:** Factual Questions\ **Created:** [December 30, 2019, 3:09pm UTC](https://boards.straightdope.com/t/rhapsody-in-blue-goes-public-domain-impact-on-united-airlines/845592 "2019-12-30T15:09:49Z")\ **Posts on this page:** 11\ **Page:** 3
**Author:** ![Steven\_G](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/steven_g/32/5080_2.png) [@Steven\_G](https://boards.straightdope.com/u/Steven_G)\ **Post date:** [January 2, 2020, 10:50am UTC](https://boards.straightdope.com/t/rhapsody-in-blue-goes-public-domain-impact-on-united-airlines/845592/41 "2020-01-02T10:50:20Z")
> [@CookingWithGas](#): > > You are absolutely correct. It _is_ off the subject and nit-picking. But it at least accurate. And not entirely off subject. The length of the work and the absence of lyrics could be important if any legal action took place; words can be a much clearer statement of association to a product. However, not being at all familiar with the United ad (assume it only ran in the USA?) I checked on YouTube. United created a number of ads using different parts of RiB. And some of the arrangements were distinctive, so I assume they commissioned those performances and hold copyright. But as Chronos pointed out, if identifiable and can be shown to have a strong association with a particular product, then it might still carry in a trademark dispute. ---
**Author:** ![Ruken](https://avatars.discourse-cdn.com/v4/letter/r/f475e1/32.png) [@Ruken](https://boards.straightdope.com/u/Ruken)\ **Post date:** [January 2, 2020, 1:25pm UTC](https://boards.straightdope.com/t/rhapsody-in-blue-goes-public-domain-impact-on-united-airlines/845592/42 "2020-01-02T13:25:43Z")
> [@Jackmannii](#): > > I haven’t heard United using Gershwin in their TV ads for a long time. > [@Robot\_Arm](#): > > I was thinking the same thing; haven’t heard _RinB_ in a United ad in ages. It’s still been an interesting discussion about the ins and outs of trademarks, though. They play it in some moving walkway hallway filled with colorful lights at ORD. I don’t recall seeing a TV ad for any airline recently so can’t comment on those. ---
**Author:** ![Robot\_Arm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/robot_arm/32/18280_2.png) [@Robot\_Arm](https://boards.straightdope.com/u/Robot_Arm)\ **Post date:** [January 2, 2020, 1:54pm UTC](https://boards.straightdope.com/t/rhapsody-in-blue-goes-public-domain-impact-on-united-airlines/845592/43 "2020-01-02T13:54:19Z")
> [@Ruken](#): > > They play it in some moving walkway hallway filled with colorful lights at ORD. Still? I remember noticing that at about the time United was using it in their commercials, but I haven’t been through that terminal at O’Hare in ages. ---
**Author:** ![GreysonCarlisle](https://avatars.discourse-cdn.com/v4/letter/g/a87d85/32.png) [@GreysonCarlisle](https://boards.straightdope.com/u/GreysonCarlisle)\ **Post date:** [January 2, 2020, 2:02pm UTC](https://boards.straightdope.com/t/rhapsody-in-blue-goes-public-domain-impact-on-united-airlines/845592/44 "2020-01-02T14:02:11Z")
> [@CookingWithGas](#): > > I would expect non-airlines to use it too, like that cleaner that turns your toilet water blue. Probably fine, even if United does claim the song as a trademark. Generally speaking, that the two products or services are completely different is sufficient that no confusion will exist. You could have Snickeroff brand toilet paper even if there’s already a Snickeroff brand of magnifying glasses. For marks that are “famous” and are inextricably linked with a product in the public mind, though, you can’t use the mark even on vastly different products. That would be blurring the assumed quality or value of the famous product with another. Hence, no Microsoft coffee or Coca-Cola vacuum cleaners. I don’t think the RiB-United connection is that famous (though a court could disagree). ---
**Author:** ![Ashtura](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ashtura/32/2963_2.png) [@Ashtura](https://boards.straightdope.com/u/Ashtura)\ **Post date:** [January 2, 2020, 2:04pm UTC](https://boards.straightdope.com/t/rhapsody-in-blue-goes-public-domain-impact-on-united-airlines/845592/45 "2020-01-02T14:04:38Z")
I think it’s impact on AA will be negligible at best. For one, I don’t think people really care that much about “jingles” and honestly I don’t consider this piece to be fresh or even very good in a condensed form. I would have been hard pressed to remember what it is, it’s not really memorable even as much as the simplistic NBC three-tone. I don’t think most companies would be scrambling for it, and if they did, they’d be viewed as posers I think. ---
**Author:** ![Ruken](https://avatars.discourse-cdn.com/v4/letter/r/f475e1/32.png) [@Ruken](https://boards.straightdope.com/u/Ruken)\ **Post date:** [January 2, 2020, 2:54pm UTC](https://boards.straightdope.com/t/rhapsody-in-blue-goes-public-domain-impact-on-united-airlines/845592/46 "2020-01-02T14:54:11Z")
> [@Robot\_Arm](#): > > Still? I remember noticing that at about the time United was using it in their commercials, but I haven’t been through that terminal at O’Hare in ages. Within the last year or so. I usually fly AA so I’m not through that hallway often unless I’m transferring on a UA route. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [January 2, 2020, 8:45pm UTC](https://boards.straightdope.com/t/rhapsody-in-blue-goes-public-domain-impact-on-united-airlines/845592/47 "2020-01-02T20:45:04Z")
> [@Acsenray](#): > > If you allow Party X to use your work as a trademark, that’s going to limit your ability to license the same thing for trademark use by Party Y, so get the value of that use in your licensing agreement. What if the license doesn’t say one way or the other ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [January 2, 2020, 9:04pm UTC](https://boards.straightdope.com/t/rhapsody-in-blue-goes-public-domain-impact-on-united-airlines/845592/48 "2020-01-02T21:04:15Z")
What do you mean, what if the license doesn’t say? How can the license agreement not say how much money (or other compensation) you’re asking for the license? ---
**Author:** ![RealityChuck](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/realitychuck/32/195_2.png) [@RealityChuck](https://boards.straightdope.com/u/RealityChuck)\ **Post date:** [January 2, 2020, 9:22pm UTC](https://boards.straightdope.com/t/rhapsody-in-blue-goes-public-domain-impact-on-united-airlines/845592/49 "2020-01-02T21:22:05Z")
“I know. Let’s use a song that’s fully connected in the public mind with one of our competitors!” It won’t be used for the same reason why Coke never considered using a Pepsi jingle. People will hear it and think of United Airline, and any ad agency that suggested it would suddenly have one fewer client. ---
**Author:** ![Saint\_Cad](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/saint_cad/32/18907_2.png) [@Saint\_Cad](https://boards.straightdope.com/u/Saint_Cad)\ **Post date:** [January 4, 2020, 10:26am UTC](https://boards.straightdope.com/t/rhapsody-in-blue-goes-public-domain-impact-on-united-airlines/845592/50 "2020-01-04T10:26:23Z")
> [@Chronos](#): > > What do you mean, what if the license doesn’t say? How can the license agreement not say how much money (or other compensation) you’re asking for the license? What is the licence doesn’t say if you can trademark it. I guess the problem I’m having with this is how a second party can obtain intellectual property rights to another party’s IP without their explicit permission. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [January 4, 2020, 2:43pm UTC](https://boards.straightdope.com/t/rhapsody-in-blue-goes-public-domain-impact-on-united-airlines/845592/51 "2020-01-04T14:43:18Z")
Why would the license say if you can trademark it? That’s not the sort of thing licenses cover. What **Acsenray** was saying was that, if you have some reason to think that your product will be of increased value to a customer, or that their use would decrease its value to other customers, then you take that into account when deciding what price to charge them. And if you fail to anticipate that and so charge them a higher price, well, tough on you. [Previous page](https://boards.straightdope.com/t/rhapsody-in-blue-goes-public-domain-impact-on-united-airlines/845592.md?page=2)