Copyright?

Hi, i'm registering a business name in Australia for my film company. Do i need to register this business internationally if i will be distributing worldwide? Also what are the laws about the name of my film. Do i have to check that the name hasn't been used before? or do i copyright the name of the film?

Thanks
Owen
 
I don't know about registering your business, but names are trademarked rather than copyrighted. It depends on who's used the name before, when, and what kind of film it was to some extent - you probably won't get away with it if it was released by Universal last year and is the same genre, but if it was about something totally different and from decades ago, it would probably be fine. As with all of these things, though, you should consult with someone who practices law professionally before making any decisions.
 
To the best of my knowledge (again, always consult a professional), movie titles are not covered under copyright.

It is possible to cover them under trademark laws, but only in special circumstances. Harry Potter, for example, is covered under trademark, but only because it is a series. Single-title movies, as opposed to series, are not covered under trademark, generally speaking, unless you intend to use the title as a personal or business trademark for ALL of your other projects, etc.
 
I don't know nothin' about how he did it, but somehow, James Cameron locked up the rights to the title "Avatar", many years ago. This is why Nickelodeon had to call Shyamalan's pile of turd, "The Last Airbender", even though it was based on a TV series titled "Avatar".
 
I think, from what I remember and have read, Cameron registered his project with the Motion Picture Association of America (MPAA), which is a kind of in-house arbitrator of film titles for the major studios. It's meant to head off conflicts that result in major disputes going to court or causing one or the other of the disputers major revenue losses, but is not a legally binding copyright or trademark arbitrator.

So it was kind of like the studios got together and said, ok, Cameron can have "Avatar" for his the title of his film since he's already copyrighted his idea and script (whereas Nickelodeon had the series, but no copyrighted idea or script for the feature).

So Cameron doesn't actually own the copyright to "Avatar." He just won an in-house dispute between the studios.
 
Titles cannot be copyrighted or even registered.

The word “avatar” cannot be copyrighted and as use in a title it
cannot be restricted by anyone. The MPAA title registration is so
producers can find out if another producer (or studio) is planning
on using that name. As Adeimantus already suggested, two movies
with the same title at roughly the same time can create confusion
and thus marketing troubles. But there can be multiple movies with
the same title. The more “famous” and popular a movie was the more
likely the producer (or studio) will go to the law to protect it.
But they don’t sue or give a cease and desist order for common
word titles. They can only pull rank if they can prove there will
be a reasonable confusion in the marketplace.

Owen, one way to check if your title has been used is to check
IMdB. Not the end all of research but that data base does have a
lot of movies listed. You can also use Google - use quotation
marks around your title.

Here in the States a business name is registered in several
different ways. In Australia you should look at Australian Business Register
 
I don't know nothin' about how he did it, but somehow, James Cameron locked up the rights to the title "Avatar", many years ago. This is why Nickelodeon had to call Shyamalan's pile of turd, "The Last Airbender", even though it was based on a TV series titled "Avatar".

The distributor CHOSE to not fight James Cameron; it was not a legality to use the name AVATAR.
 
Back
Top