Naming Your Movie

Ptpiz

Active member
My movie is not yet in post production, but I felt that the topic of choosing a name is important and relates to this. I have found a great name for my new film and it would be perfect. Now, how do I find out if I can use the name? It has been in used for ONE movie back in the 70's and another movie in 1911. The name is not exactly the same though, it has the word THE in front of it. I know that probably doesn't matter anyway, but how do I find out if I can use my title for my movie (I plan on gettign my movie into a bunch of film festivals and such).
 
Re: Naming Your Movie

Why don't you just use the name regardless...if it's perfect for your movie.

If anyone cares that you have the same title as they do, odds are it's because your film is a success...deal with the other crap later :p

There are lots of movies that have the same title as each other, and I don't think normally it matters....am I completely wrong?

Or, you could just get another title ;)
 
Re: Naming Your Movie

Titles may not be copyrightable, but there's some sort of protection that goes on. The MPAA registers titles of films, and I've heard stories of filmmakers who made money off selling their title to a major (a big studio that just *needed* a certain title that the little indie had registered...)

There are many instances of films having the exact same name. Perhaps those ones haven't registered their title? There is an identity issue that goes on, when a title becomes known and associated with a certain picture, it becomes part of that property and its marketing value is tied to the picture, so if someone new comes along and makes their own film called "Fahrenheit 9/11" or "Titanic" or whatever, you can bet there'll be litigation raised over it.

David's the lawyer, so I'm sure he can clear this up better than I can, but I am sure there's a process for registering and clearing movie names with the MPAA.
 
Re: Naming Your Movie

Interestingly, I just read a piece where Ray Bradbury FUMES about Moore using his title like that. Let's just say Bradbury's not a fan.

There could be a case to be made in trademark, as opposed to copyright, but there are a LOT of hoops to jump through to make that stick. Titles like "Star Trek," for example, will have the little (R) next to them, because they ARE registered trademarks, and not just titles.
 
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