Legal Question in Intellectual Property in California

Film titles

Can film titles be copyrighted or trademarked?


Asked on 8/29/07, 12:31 pm

6 Answers from Attorneys

Jillian Sidoti The Law Office of Jillian Sidoti

Re: Film titles

Usually you copyright the entire work. I can help you with this - email me your phone number.

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Answered on 8/29/07, 12:36 pm
Charles Williamson Charles J. Williamson, Attorney At Law

Re: Film titles

Yes. Many are.

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Answered on 8/29/07, 12:42 pm
Johm Smith tom's

Re: Film titles

Many are and for various purposes.

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Answered on 8/29/07, 12:56 pm
Brian Kinder The Kinder Law Group

Re: Film titles

The answer to your question is (as you will often find to be the case) it depends. For the most part, common phrases generally cannot be protected by copyright. However, for guidance in answering your question on the trademark side, see the following link to the Trademark Office website:

http://tess2.uspto.gov/bin80/gate.exe?state=82bmd7.2.27&f=doc#tt_T120208.1202..0

Hope that helps. If you need further assistance, please feel free to contact me off list.

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Answered on 8/29/07, 1:08 pm
Michael Cohen, Esq. Law Office of Michael N. Cohen, P.C.

Re: Film titles

NO. Some of the below responses are incorrect. Film titles CANNOT be copyrighted or trademark.

The actual film itself, however, can be copyrighted. What that means is that is the images of the film, and/or the script/screenplay can be protected as a whole, but not the individual title name.

Regarding trademarks, they must be filed in connection with certain goods and services. So for example, some movie titles have multiple trademarks in connection with toys, clothing, etc. but not as protection of the actual film. The only exception to the rule is if it will be used as a "series".

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Answered on 8/29/07, 5:56 pm
Gordon Firemark Law Offices of Gordon P. Firemark

Re: Film titles

yes, trademark protection is often used to protect the title of a film.

Copyright does not protect a title, unless it is a significantly "original work of authorship"

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Answered on 8/29/07, 7:40 pm


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