Copy right issue?

[Jones23]

Hey guys, I have recently finished my first feature length screenplay and had a question about copyrights. The script was inspired and loosely based on a song. I have thrown around several titles for the script but the title that really fits it best is the title from the song in which it was inspired by. I wouldn't think there would be a legal issue since it is a different form or work. ( a screenplay not another song) I was just curious how that works out.

The song itself tells a story in a rather abstract way without really talking of spacific characters. Also in the song no character names are mentioned. I was listening to this song and it really inspired me and made me "see the story". I only reference some situations in the script and reference the song by using the title of it. Never mentioning that it is a song in the script, but rather a book. Like I said before I don't think this would be an issue but just wanted some advice. Thanks for your time.




Live life, frame by frame

 

[John@Bophe]

You may get some responses here, but I would suggest using a copyright lawyer for the final word. Don't necessarily take JUST our word for it.

My understanding is that titles and ideas are not copyright protectable. However, titles can be trademarked.

 

[oakstreetphotovideo]

I agree with John, this an issue for an expert. Your work could be considered a derivative work, which would be a violation if you don't have permission. Then again, it may not be derivative, since you didn't actually use the song as a basis, just an inspiration. The important thing is that you don't leave yourself with an unnecessary exposure to litigation. If you stand to turn a decent profit, it's better to be safe than sorry.

p.s. Using the same name as the song could be like waving your 5th amendment right against self incrimination. If you give it a different name, you can always say you came up with the story independently. Giving it the same name may also draw unwanted scrutiny and/or could give someone a reason to sue you for trademark infringement (or something like that) where you use someone else's product to promote your own, unrelated product.

Disclaimer: I'm definitely not an attorney, just a small business person.

Doug

 

[Jones23]

Thanks guys for the quick response. I will look into it further. I will most likely just change the name to be safe, but I'm still curious as to the legal rights.

 

[directorik]

It sounds to me like it wouldn't be an issue, either. Titles can't be copyrighted
and ideas/premises can't be copyrighted. Since you're still curious about the
legalities (as you should be), the next step will be to contact a lawyer who
specializes in copyright law. It will be money well spent.

 

[wcmartell]

You probably need a lawyer to answer.

Just because it's a different form doesn't matter - a screenplay adapted from a comic book needs the rights to the comic book (before being written). If your script tells the story in the song, that would require owning the rights first - the person who wrote the lyrics wrote that story. That seems no different than adapting a short story. The question is going to be hiw many similarities there are between your script and the song.

My advice on all screenplays is to create your own story, create your own characters, create your own everything. That way there are no potential legal issues involved.

- Bill

 

[Jones23]

Thanks for all the advice. As I stated previously, the song is extremely vague. It doesn't tell a story, just part of one. I created the characters, the plot, and the setting. The song merely inspired it. I did however create a character based on the character from the song but you can't copy write characteristics. The script is as original as one can get. Since they say every script can be summed up by two other movies. I just wanted to know more of the legal aspect. My main concern was having a script with the same name as a song. I've seen movies that have the same title as other movies so i didn't think it would be too much of a problem. I will move forward with the script and the original title. Thanks again everyone for your input.