QUESTION
A movie production company used my copyright title for my screenplay is this a case of copyright infringement?
Asked on Feb 12th, 2013 on Entertainment Law - California
More details to this question:
I have written a screenplay and registered it with the US copyright office back in 2000. Some other entity produced and released a movie in 2007, which has the same title as my screenplay. What can I do?
6 ANSWERS
Susan Marie Basko
Titles cannot be copyrighted. Other movies can have the same title. This happens all the time. If your movie ever gets made and you want it to have a unique title, after it gets made, do some research to find a name that has not yet been used, and use that as the title. Other movies can still come along and use your same title after that. If you have a trademark involved as part of the title, that might prevent others from using the trademarked part of the title, for example "Harry Potter."
Answered on Feb 14th, 2013 at 9:24 AM
Theodore M. Roe
This is an interesting question. While the story itself is subject to copyright and if the title is truly unique it may be protected as well. However, by itself the title may be used in another movie if it is general in nature, i.e., "See Spot Run." If the story is so similar as to be a derivative work, then it likely constitutes copyright infringement. If it is a totally different storyline it is likely not infringement. For a proper analysis you should contact a qualified intellectual property attorney.
Answered on Feb 13th, 2013 at 7:14 PM
There are no copyrights in titles to screenplays. There are only copyrights in the actual material in the screenplay. If all they copied is the title, then you have no legal recourse.
Answered on Feb 13th, 2013 at 1:39 PM
Unless your title is really, really, really original and unusual, there's probably nothing you can do. Titles, proper names, and short phrases are not copyrightable.
Answered on Feb 13th, 2013 at 1:38 PM
Personal Injury Attorney serving Beverly Hills, CA
Partner at
Engelman Law, APC
You can not "copyright" a movie title. You may be able to trademark a name and use it for a title of a movie. The copyright applies to the underlying and affixed script, which can not be copied or used. With that said, you may be able to write them a letter and negotiate a release or some sort.
Answered on Feb 13th, 2013 at 1:38 PM
You cannot copyright the title as copyright law protects the expression of an idea, i.e your script. What you're really interested in is a trademark, albeit its unusual for a movie title. Nonetheless you can trademark the title of a movie.
Answered on Feb 13th, 2013 at 1:37 PM