Q: I've written a spec, but my title has been used before. Are titles copyrighted? How can more than one movie can have the same title?
A: The U.S. Copyright Office says that, among other things, the following are not copyrightable:
Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents.
So, can you go ahead and title your latest spec Star Wars? Not a chance.
Titles are protectable in two ways. First, if a title becomes associated with a commercially-exploited product (like a film), it can be trademarked. Trademark protection doesn’t mean you can’t use the phrase “Star Wars,” but it does mean you can’t use it to market your own product.
Beyond that, however, the most common form of title protection is through the MPAA’s title registration service. My understanding is that the MPAA is most concerned with avoiding marketplace confusion. This is why a movie can be released that has the same title as a somewhat obscure film, but never with the same title of a well-known film. Of course, MPAA title registration only services films released by MPAA member companies, but that’s essentially every commercial movie made.
MPAA title registration can be used to reserve titles for planned films as well. My first movie was originally entitled “Space Cadet”, but the MPAA informed Disney that no one less than George Lucas had registered that title with them. My partner and I had to change our title to “Rocket Man”, even though our film was in production, and his was not.
I’m still waiting for George Lucas’ “Space Cadet” to come out. Something tells me I shouldn’t hold my breath…
Anyway, I do not believe individuals can apply for MPAA title registration; the service is only available to its member companies. The only practical advice I can offer is to title your script however you’d like, as long as your title isn’t already associated with something well-known. If it turns out you have to change it during production, all I can say is that any production problem a nice problem to have.
Anyway, I do not believe individuals can apply for MPAA title registration; the service is only available to its member companies.
I seem to remember your partner-in-crime Ted posting once on Wordplay that non-members can register for a fee. Or that one can become a member and register. Or something like that. I seem to remember the $ involved was pretty hefty to keep the unwashed masses at bay.
No less than Mel Gibson was recently forced to change the title to his film The Passion of the Christ. Originally, he wanted to call his film The Passion; however, he could not, as Miramax had already reserved that title.
Miramax’s The Passion was cowritten by? Anyone guess? Hands anyone? Anyone? Anyone? Anyone?
Hint: it features a lesbian mermaid.
David:
I’ll check with Ted on that one. No doubt the cost is prohibitive, but it’s good to know that there’s at least the option.
Lessee…lesbian fish lady…Miramax…
Nope. No idea. :)
I checked with Terry (who has actually registered titles with the MPAA). Per him:
Registering a title does not reserve use of that title. If you had registered “The Aviator” back before “Howard Hughes biopic” was even a gleam in Martin Scorcese’s eye, but you had not yet made a movie with the intended title “The Aviator” … too bad.
The date upon which a title is registered only really ever comes into play if two companies want to use the same title on movies that are scheduled to be released around the same time (ie, if you had finished a movie you wanted to title “The Aviator” at around the same time Scorcese et al. had finished the movie they wanted to call “The Aviator.”)( but, even then, if the studio had been widely publicizing that Scorcese et al. were making a movie called “The Aviator,” and your studio had not … you would probably end up having to come up with a new title).
The only way to get anywhere close to insuring “ownership” of a title is to make a movie, attach that title to it, and establish a relationship between that title and that movie in the public’s mind.
Ted (this should have had normal paragraphs and stuff, but, apparently, although hitting “return” inserts a return into the comment box, it does not actually translate to a return when published. And there’s no “help” feature that I can find.
Ah. So the “preview” is not actually a “preview.” Got it.
Ted:
I’m working on that bug. Not exactly sure why that’s happening.
Hey! “Space Cadet?” That was a live TV series that I followed religiously as a youth (which means this was on the air at the same time as “Howdy Doody” and “Texaco Star Theater” and “Kulka, Fran & Ollie.” No shit. SPACE CADET. And they did it with the most primitive video effects, which was all that was available. Yet, there were tiny figures on the “outside” of a giant rocket spacecraft (kind of like a V2 missile, which matched the only stock footage they had or actual rockets being launched).
“Space Cadet.” A Blast From My Past. Thanks fopr reminding me.
Um. “Kukla”
Actually, the TV show was Tom Corbett, Space Cadet. And that, in turn, was (oh, so loosely) based on Robert A. Heinlein’s novel from 1948 (or maybe ‘47), called Space Cadet.
And I am way to young to remember any of that firsthand. :)
Welcome Carl! If you’re ready to get freaked out some more by memories of Tom Corbett, Space Cadet, then check this out.