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Movie Titles and Protection: The Finite Universe of Naming Ideas

7/9/2014

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It seems like I have had a lot of conversations with people lately about movie and book titles. No, not in the form of trivia questions; I mean conversations about how so many movie titles just seem to sound the same. Or a related topic: how can a movie studio come up with a title for their movie when there are already so many other movie titles out there? In a universe with a finite list of words and phrases, how does a “Title”ist (fancy moniker for somebody who writes film titles, according to me) expand their wings?

Here is just a short list of titles that overlap:
28 days vs. 28 Days Later
Monsters Inc. v. Monsters Ball
Aristocats vs. Aristocrats
Black Sheep vs. Black Sheep

But wait a second: aren’t names and such (anything that is a creative work) protected by copyright? Nope, not really short phrases, of which titles, be it a book or movie title, falls victim. Names and short phrases such as “Live, love laugh” just don’t exhibit enough creativity to be protected in the same way that a full-length book or movie is. Or at least that’s what the Copyright Office has specifically declared in its decree that all words embody a “minimum amount of authorship in the form of original literary, musical, pictorial, or graphic expression.”


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    What is generic?

    A generic trademark or brand  is a mark that has become synonymous with the name of a product or service, usually without the trademark owners' intent. As a trademark owner, you want to avoid allowing your brand to become generic. Avoid it like the black plague.

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    Mr. Anti-Generic Himself

    The brains behind this online operation and namespace for, er, cool name ideas is Justin Clark. He is an attorney at the J. Clark Law Firm and plays a mad drum solo from time to time.

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