Theft Copyright Title & Idea

[bscript]

What is the name of your state (only U.S. law)? California

I'm a screenwriter with a literary option set to expire 9/30/09. The producer who optioned the material cannot come up with the funds to purchase the screenplay. During the option period, he set up a website to entice financiers. This website included merchandise based on my literary material. The producer is now claiming that he can trademark the title of my project and sell the merchandise that's based on my screenplay without my consent because he claims that my copyright does not protect the title or the idea. Is this factual? If not, what can I do?

 

[JETX]

Is this factual?

Copyright law is complex and full of 'loopholes' and traps... but generally, his claims are NOT accurate.

If not, what can I do?

You will need to contact a GOOD local copyright attorney who can review ALL the facts and represent your interests.

 

[quincy]

The claims by the producer that titles and ideas cannot be copyrighted is accurate. Titles and ideas cannot be copyrighted (although some names and titles may be trademarked).

A website set up to entice investors was a bad idea.

As for selling merchandise based on your screenplay, that is something you should speak to an IP attorney about. That very possibly violates the copyright in your work.

And you should register your screenplay if you have not done so already.