Song title trademark question

[Kosh]

I want to use the title of a song as the title of my script, but I have no idea whether that title is trademarked or not. I've found no evidence of a trademark, but it's a popular song from the fifties; is there any way to find out?

[blacbird]

Titles are neither trademarked nor protected by copyright. As long as you don't quote lyrics, you should be fine.

caw

[Kosh]

Thanks blacbird

[ManyAk]

Just make sure you don't create useless anticipation that way. I mean, if it's a popular song, people will expect to hear that song in your movie when they read the title. So if it doesn't, you disappoint them.

[Ron Maiden]

"Titles are neither trademarked nor protected by copyright. As long as you don't quote lyrics, you should be fine."

you sure about that? because "things to do in denver when you're dead" ran into problems using that title and had to come to an agreement with Warren in order to keep using it.

[Kosh]

"Titles are neither trademarked nor protected by copyright. As long as you don't quote lyrics, you should be fine."

you sure about that? because "things to do in denver when you're dead" ran into problems using that title and had to come to an agreement with Warren in order to keep using it.
I've read that song titles can't be copyrighted many times, but I wasn't sure about trademarking.

[IceCreamEmpress]

"Titles are neither trademarked nor protected by copyright. As long as you don't quote lyrics, you should be fine."

you sure about that? because "things to do in denver when you're dead" ran into problems using that title and had to come to an agreement with Warren in order to keep using it.

That was a bit complicated, and the crux of the issue was that the 1991 song had been released so near to the 1995 movie that Zevon's lawyers argued that people would expect to hear the song in the movie, or that the movie was inspired by the song in some way.

Since the issue was settled, we don't know how it might have played out in court. You can't copyright or trademark song titles, but you can defend your exploitation rights of them. It's a bit of a gray area.

That said, I think that using a song title for a script is generally a poor idea when you're writing spec or sample scripts. It makes you look a bit amateurish imo.

[ComicBent]

Titles are definitely not copyrightable. This is not disputable.

But you can still run into problems with people who resent use of their titles in a confusing way.

[WriteKnight]

Titles, no - lyrics, yes. If the title is long enough, and incorporated into the lyrics - as is sometimes the case, a good lawyer might be able to argue well enough to get you to the table for a settlement.

[zeprosnepsid]

I believe the Red Hot Chili Peppers also sued the TV show Californication, which used not only the title, but it's main character's name is from the song.

But if you are not self producing the movie, then I wouldn't worry about this. Just give it the song title name and it's the Producer's business to deal with the legal stuff involved. If you're just a writer, this'll never be your problem.

[benbradley]

Titles are neither trademarked nor protected by copyright. As long as you don't quote lyrics, you should be fine.

caw
Song titles CAN be trademarked, but I think very few are, even for the most popular hits and standards.
I've read that song titles can't be copyrighted many times, but I wasn't sure about trademarking.
You can trademark any word or phrase (for a specific use), but as I say, doing it with a song title is rare. You can probably name a song "she loves you" even though it would often get confused with the Beatles song of that name, but you probably couldn't get away with titling a song "let it be" because it was a huge hit song, AND it's the title of an album, AND the title of a movie about recording the album.

And you for SURE can't name a song "Theme from Star Wars" because Star Wars is a trademarked name, and there's already a "Theme from Star Wars" that the trademark holder will no doubt defend as the "true" song with that title.

This is not legal advice, IANAL, but I for sure wouldn't go up against George Lucas...

[Kosh]

I think I'll just come up with another title. I don't even have enough to hire a lawyer to tell people I have nothing to sue for.

[Bubastes]

Song titles CAN be trademarked, but I think very few are, even for the most popular hits and standards.

You can trademark any word or phrase (for a specific use), but as I say, doing it with a song title is rare. You can probably name a song "she loves you" even though it would often get confused with the Beatles song of that name, but you probably couldn't get away with titling a song "let it be" because it was a huge hit song, AND it's the title of an album, AND the title of a movie about recording the album.

And you for SURE can't name a song "Theme from Star Wars" because Star Wars is a trademarked name, and there's already a "Theme from Star Wars" that the trademark holder will no doubt defend as the "true" song with that title.

This is not legal advice, IANAL, but I for sure wouldn't go up against George Lucas...

"Star Wars" is federally registered as a trademark because it's used on sorts of things besides than the movie. One of many examples:
http://tess2.uspto.gov/bin/showfield?f=doc&state=afceel.2.36

"Let It Be" is NOT federally registered as a trademark. In fact, there's a children's charity called the "Let It Be Foundation":
http://tess2.uspto.gov/bin/showfield?f=doc&state=37h3ul.4.3

A trademark is a word, phrase, and/or logo that denotes the source of goods and/or services in commerce. Very few song titles fit that definition.

I'm an IP lawyer, but the usual disclaimers (not legal advice, no attorney/client relationship, blah blah blah) apply.

[Justin K]

hey you said it was from the fifties right? maybe the artist has been dead for 50 years and any copyright is dead also, you should check that out lol

[small axe]

You may be saving yerself troubles, changing it from the song title. Screenwriter I know had always loved this one song and put it in his movie ... and then they broke his heart because they refused to use the song he wanted. He argued that the whole scene was written around that song, no other song would work.

Their reply: the song he wanted cost too much.
And here's the more valid point: the producer HATED that song.

The song the writer thought would help SELL his movie, was actually something that became a stumbling block to MAKING his movie. Not a good thing.

So yeah, realize that your (anyone's) screenplay has to sell itself, any "energy" the writer seeks to bring from another source ... may have unintended consequences. It's a loose cannon, etc. And refering to something already out there in pop culture has associations to others, readers and audience etc, we cannot know about.

[zeprosnepsid]

I still don't understand what anyone would be suing you for unless you are making the film yourself. If you are just submitting a script, it's still private not public. Until the film has been made there's not even anything to sue about. And at that point they sue the Producers/Studio, not the writer.

You can have trademarked stuff all over your script. Mention Starbucks, mention Star Wars, sing the theme song. None of this is your problem as a writer and you can't be sued for any of it unless it's for public use.