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I am a screenplay writer (movie scripts) and I JUST noticed one of my script's titles (which IS copyrighted) has been used as a title for another film. Is there ANY type of impingement here? The films are different in the sense that the other is a documentary and min is an action, but it is the same in nature. Can they use my title? I copyrighted this 5 years before they produced their film.

2007-03-19 21:00:44 · 5 answers · asked by Anonymous in Politics & Government Law & Ethics

***oops*** Yeah you HAD to make your smart comment because I wrote impingement. With going in for lumbar back surgery next week, I thought about my nerve impingement, sorry I messed up once. Get a life man

2007-03-19 21:13:29 · update #1

5 answers

It could depend, too, on how original the title is.

If the title is something like "The Day the World Exploded Because I Saw Kathryn in Gettysburg," well, that's pretty original and you'd totally have a case.

If, however, the title is something like, "Explosion," it'd be harder to win your case, and in fact probably impossible, even if you could prove your copyright was older than the other movie's production.

Titles are a little bit harder win copyright cases on compared to full-length content ... because you can't really copyright an "idea" or a "concept" or a single word or, generally but not always, a casual phrase, which titles can arguably be said to fall under. If it's a very unique title, like I said above, or involves a made-up word, you might have a shot.

2007-03-19 21:34:10 · answer #1 · answered by maxximumjoy 4 · 0 0

no i don't think a copy right can be impinged. maybe if you printed a copy of the copyright on some metal you could impinge that.

As for infringement i would say you have a pretty good case if you don't want them to use the name. That is the entire point of a copyright, to keep someone else from useing the name you came up with.

2007-03-19 21:12:39 · answer #2 · answered by thatoneguy 4 · 0 0

You would have to prove more than just the title is being used (consult a copyright attorney). You'll also find out that titles can NOT be copyrighted, only the content.

2007-03-22 20:50:23 · answer #3 · answered by lee3620111 3 · 0 0

Technically you have a case, but it would be hard to out maneuver them legally, if only from a financial standpoint. Plus, that cap on copyright infringement is $20,000 ($100,000 if you can prove it is intentional) and it would probably cost you that much in legal fees.

2007-03-19 21:04:21 · answer #4 · answered by benjilove 3 · 0 0

INFRINGEMENT! Impinge means to strike or dash especially with a sharp collision. Jesus, you must be a magnificent writer....No, don't even try to sue, you'll get owned so hard in court you'll want to cry.

2007-03-19 21:04:30 · answer #5 · answered by indieforcutie 3 · 0 0

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