Movie Title question

B

BrownwriterChi

Hi,

A while ago I saw a book with a very good title, and I decided I wanted to use it for one of my movies. But, I don't know if I can get sued for using it, even if my movie has nothing to do with what the book is about.

Thanks,

BWC
 
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My understanding is that titles cannot be copyright protected - hence you can have radically different movies (like Crossroads) and songs (like California Girls) with the same title. However, as always, best to get someone with a legal background to confirm such things.
 
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Sometimes people own trademarks that are used in titles. For example I think there's a trademark on that instructional book series "...... for dummies". You don't want to create confusion that your product is somehow associated with someone's trademark. So research it http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=4006:jhq5dd.1.1

Also I recall REO Speedwagon suing a small band called REO SpeedDealer arguing that the public might be confused and think that REO SpeedDealer was somehow associated with REO Speedwagon (which I thought was arrogant and ridiculous). The small band caved in. No telling how the lawsuit would have ended.
 
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Blade_Jones said:
Also I recall REO Speedwagon suing a small band called REO SpeedDealer arguing that the public might be confused and think that REO SpeedDealer was somehow associated with REO Speedwagon (which I thought was arrogant and ridiculous). The small band caved in. No telling how the lawsuit would have ended.
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Ironic, as REO Speedwagon got their name from the truck.
 
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You may find valuable information regarding your question by visiting the uspto.gov and the copyright.gov website. Additionally, if you search through some entertainment attorney websites from your area you may find the answers to your question. If you are located near a local law school library you should search some of the entertainment law books and guides for your answer. Although I am an entertainment attorney, I am not your attorney so I can't give you any legal advice. Do some searching, but to make sure you get the complete answer you should contact an entertainment attorney in your area.


***Disclaimer***
Disclaimer: This post is for the purpose of abstract discussion of legal principles and procedures, and does not create an attorney-client relationship or any other legal relationship between the sender and recipient. It is not legal advice. I may be dead wrong. Your mileage may vary. Consult your professional tax advisor. Eat your vegetables. Brush at least twice daily, especially after meals. Monitor your tire pressure. Get plenty of sleep.
 
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Did you know that there are 2 novels titled "THE INVISIBLE MAN?" One is more popular than the other about a scientist who discovers a formula to turn invisible and he goes mad from side effects from his own drugs. And the other is about a man who hides himself away from society in his apartment and observes the world as an outsider.

So, titles on there own cannot be copyrighted. Trademarks are a different story. But, a trademark is about the artistic design around the title and not the name of the title.

Superman is the name of a title character with DC Comics. The name "superman" appears in music and in stories of fiction. But, the red and blue coloring, typeface, and distortion of the typeface is never copied outside of DC Comics.
 
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