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Short Documentary Film - trying to use my film title as a book title

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dancubs

Junior Member
What is the name of your state? California

Hello - I am a film maker, I made a short documentary film in 2006 about a social athletic club that became a street gang. It won an award at a major international film festival. I am still looking and hoping for some sort of distribution deal. I have a catchy title to my film.

I just talked to an author who is writing a book based upon his own experience growing up as a member of this organization. He intends to use the title of my film for the title of his book.

Can he use my film title as the title of his book without my permission? At the end of my film, I do list that the film is copyright to me. I assume that also covers my title. I know if he wrote the book first, and I tried to make a film with the same title, I could not do so without buying the motion picture / tv rights to his book. I would assume it would work the other way as well, since I created the film first, and now he is writing a book.

Any and all advise is appreciated. Thanks in advance
 


quincy

Senior Member
Congratulations on your award-winning film!

Titles, names and short phrases cannot be copyrighted, so the author of the book can use the same title for his book as you use for your film. Some titles have become so identifiable that some copyright holders can own a property right in them, but this is rare...."Tie a Yellow Ribbon Round the Ole Oak Tree" is one example...as if anyone would want to re-use THAT title anyway :) and there is trademark protection for some titles that are identified closely with a product or organization. But movie titles - no. In fact, if you do a quick check at www.copyright.gov, you will find several like titles for various books, songs and movies.

The only thing you can do, really, is try to talk the author out of using the title, or change yours, or both use the same title with the hope that people can tell they are different stories.
 
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