Legal question about title of documentary at DVinfo.net

Kevin Lewis · May 4th, 2009, 06:59 PM

Im currently working on a documentary and I need to come up with a title for it. Does the copyright laws have an impact on what I can use as a title for the documentary. I did some research and it appears that this is not an issuie because titles cant be copyrighted. Does anyone have any input on this?

Richard Alvarez · May 5th, 2009, 09:55 AM

True enough, you cannot copyright a title. Be carefull about titles that might be TRADEMARKED though. Titles like "Star Wars" or "Star Trek" are trademarked. So there might be some exposure in using trademarks.

Kevin Lewis · May 5th, 2009, 12:02 PM

Thanks Richard! Much appreciated. Is there some sort of database where I can reference names that are trademarked?

Rick L. Allen · May 5th, 2009, 12:45 PM

Quote:

Originally Posted by Kevin Lewis

Im currently working on a documentary and I need to come up with a title for it. I did some research and it appears that this is not an issuie because titles cant be copyrighted. Does anyone have any input on this?

Actually not true. If a cable or over the air network is interested in the documentary then you'll have to have an attorney do a search and render an opinion on whether you'll be in legal jeopardy if you use a title used by someone else. It's an expensive waste of money because attorney's opinions are often contrary to other attorney's opinions (go figure) but the networks will often require this exercise in futility to cover their butts from other attorneys.

May 4th, 2009, 06:59 PM	#1
Kevin Lewis Major Player Join Date: Feb 2009 Location: Philadelphia, pa Posts: 705	Legal question about title of documentary Im currently working on a documentary and I need to come up with a title for it. Does the copyright laws have an impact on what I can use as a title for the documentary. I did some research and it appears that this is not an issuie because titles cant be copyrighted. Does anyone have any input on this?

May 5th, 2009, 09:55 AM	#2
Richard Alvarez Inner Circle Join Date: Sep 2002 Location: San Mateo, CA Posts: 3,840	True enough, you cannot copyright a title. Be carefull about titles that might be TRADEMARKED though. Titles like "Star Wars" or "Star Trek" are trademarked. So there might be some exposure in using trademarks.

May 5th, 2009, 12:02 PM	#3
Kevin Lewis Major Player Join Date: Feb 2009 Location: Philadelphia, pa Posts: 705	Thanks Richard! Much appreciated. Is there some sort of database where I can reference names that are trademarked?