posted
Ok, I have a problem. I've been picking at a novel for about 8-9 years (even though I just started writing it last year), and from the beginning, I've had a particular title in mind. I have since been informed that my title has been used by a movie (one that looks very bad, by the way) that came out in 1996!!! What do I do now?!!
Am I allowed to keep it, or should I try to find another one that fits?
I think this would fall under trademark law, if anything. You need to find out of the movie title is trademarked. If so, you may not be able to use it because there is a case to be made that you are trying to use the success (even if it was not successful) of the movie to sell you book by fooling the public into believing they were related. (This is how I understand trademarks to work in layman's terms. Which means you can use the name McDonald's in a story even though it is trademarked, what you cannot do is open a restaurant and call it McDonald's.)
But telling us the title you had in mind would help the discussion.
posted
You can almost certainly keep it. Titles are so short that the industry accepts that there will be clashes like this. And if it wasn't a particularly popular film in the same genre as your story you'll almost certainly get away with it.
Posts: 626 | Registered: Jun 2003
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posted
Christine's explanation is a good summary of the potential problem. However, all is not lost even if the title is trademarked, because you may be able to work around that.
For example, if I wanted to title a book Star Wars, it's unlikely that I would be able to get away with it. Lucasfilm would sue, and I would almost certainly lose.
But if I titled my book Star Wars: The Feuds of Hollywood's Biggest Actors, then it's very unlikely anyone would be confused into thinking that it was a Lucasfilm product. (Lucasfilm would still sure me, of course, but I would have a good chance of winning -- and think of all that free publicity for my book!)
[This message has been edited by EricJamesStone (edited August 13, 2004).]
posted
Well, the title I had in mind was Multiplicity, which fits pretty well with my book (it's an exploration of a multiple-universe setting). The movie that uses this title is apparently a relatively unsuccessful(?) romantic comedy about cloning. I wouldn't want the two associated. If you can't tell from my tone, I'm pouting in disgust and disappointment.
Sorry, cvgurau. It wasn't Independence Day. If it were, I wouldn't be asking if I could keep the title. I actually like that movie a lot. And it was big enough that I wouldn't bother asking this question.
As it is, I only just heard about the existence of this flick. It could be a perfectly delightful film. I don't know; I've never seen it. I'm just a little bitter about the title. Hee hee.
posted
Well, I did a basic search with the US patent office and the word "multiplicity" has not been trademarked in anything relating to a movie or a book, so legally I think you're ok.
Now, I was unfortunate enough to see this movie and I can see why you would not want your book to have anything to do with it.
Actually, technically Multiplicity does fall under scifi because it's about cloning so it is in her Genre.
Have you considered playing around with other titles? I hate to be blunt, but even if Multiplicity had not been a movie title it doesn't have the right zing to it for a serious parallel universe plot. It sounds too lighthearted, and although that could possibly be related to the movie, I don't think it is.
So my personal opinion would be to go back to the drawing board, but this is your story and I can't find anything illegal about using the title so you do what you feel is right.
I wouldn't worry about a title like MULTIPLICITY, Jeraliey. Titles get reused all the time, and the few people who remember the movie will see soon enough that your book has nothing to do with it.
posted
Yes it is a trick question. My point, well it's on the top of my head. No really, the point is a lot of people would probably think I just forgot "The" and would assume I'm referencing the Vampire Flick from 1987. However, Lost Boys (sans "The") is a book by OSC published in 1992 (I have yet to read it, but my list of books to read just keeps growing and growing).
As long as the title really works for your story and there aren't any copyright/trademark issues, then do what you have to do.
[This message has been edited by Robyn_Hood (edited August 13, 2004).]
posted
I was looking for the Star Wars book, Rogue Planet, and found another SciFi book by the same title several years earlier.
Posts: 79 | Registered: Jul 2004
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posted
Titles get reused all the time. There are probably several million poems titled Love, and dozens of books thus named.
Waterworld was a short SF story about a group of interstellar colonists that need to repair, refuel and resupply their ship because of an accident, and they find a planet made almost entirely out of water. Hard SF, very interesting. The same title is far better known as a certain AWEsome movie involving evil polluters vs Aquaman.
Independence Day is the name of a holiday in almost every country (ours is on the Fourth of July). It is also a conjunction of two commonly used words in the public domain.
Frankly, I thought that the movie had enough explosions to make it watchable (depending on how sensitive you are to utter stupidity), even though some of the explosions clearly happen in opposite the usual fashion (plane blows up, then pilot notices a problem and begins yelling). That doesn't mean I'd ever want to risk having anyone think something I'd written was in any way associated with said film.
So sure, you want to be alert to what's out there, but if a title is really perfect for your work, then use it.
I'd someday like to write something called Shar Wars: The fight for Feng Shui.
posted
It would be about a couple of old Chinese guys hanging mirrors on their balconies to reflect some imagined shar back and forth until the cops had to be called.
Posts: 8322 | Registered: Aug 1999
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posted
Yeah, it's probably an in joke. As in, if you've talked about Waterworld with Masdibar face to face, you'll know what AWEsome means.
Posts: 8322 | Registered: Aug 1999
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