Have you ever noticed how many film and TV projects share similar, or even identical names? Sometimes projects will even deliberately reference another title within their own. Ina world where copyright is strictly policed, this can be baffling to the producer trying to protect their own project’s title properly. Today BLAKE & WANG PA take a closer look at the ways you can protect the title of your film project in closer detail.
Wait-doesn’t copyright protect my film’s title?
As the entertainment law firm Los Angeles chooses for its copyright issue, we’ve had plenty of experience in this arena. The fact that copyright doesn’t outright protect the title of a project is inevitably baffling to our clients. Under the law, however, it’s not considered as part of the ‘creative content’ of the project, which is what copyright law is there to protect. So, if you can’t copyright your title, what can you do to protect it? Fortunately, there are two options available to you that can be leveraged to protect your title.
1.Trademarking your title to protect it Trademarking your title is open to you on TV and film projects alike, although trademarking does not specifically protect the title of a creative work in every use itself, either. The intention of a trademark is to act as a ‘source identifier’. Service marks and trademarks are used to establish who made a product or provided a service first, preventing customer confusion about the ‘goods’. Think of how immediately identifiable Apple and Coke are to the consumer through a combination of name , font, color, and appearance.
So how can it protect your project’s title? Some creativity will be needed, for sure. Your intent should be to create a mark that is both valid and will offer your title the protection you need. Even if you don’t file your trademark at the federal level, ‘common law’ or state trademark law is available in many jurisdictions and can offer you some protection at that level.
2. MPAA registration for feature films
Many feature film producers, especially in the indie arena, don’t realize that there is a second method open to them to protect their title. This is registration through the MPAA. This will provide direct protection to a title, and allows reservation of titles for theatrical feature films. There are costs involved in the registration process, of course, but many of our feature film clients trust us to obtain MPAA protection for their anticipated future feature film projects as well. This can be well worth doing, as the registration is assigned first-come, first-serve, and you don’t want to miss out on a title you have your heart set on. Entertainment lawyers Los Angeles-wide will advise you to start early with this process for the best results.
BLAKE & WANG PA have close to two decades of experience in matters just like this, so feel free to get in touch today. Copyright and associated issues can be bewildering to navigate when you are not in the legal field, but ensuring that your project is adequately protected is critical to maintaining your legal rights to your work as well as ensuring you can properly control your profits and the use of your work. It’s well worth investing in some time with our professional team to ensure everything is correctly handled to your benefit. As always, we provide this summary of your options regarding title registration for general information only. Always consult with a qualified entertainment attorney before making a decision about complex issues like this.
Film and Television 