Someone's probably already asked this but - are song titles trademark?  Could I use a song title for my screenplay's title?

You're clear Stephen.

The same queston came up when I was changing the title of my script to "Disposable Heroes", which is a Metallica song.

Is it against the law or whatever to name a script after a TV show? Because my most recent script is called Scare Tactics. I'm just wondering that I should change the name to something else...

Sean

You should anyway.  Everyone will think its related to the show.

If it's something like King Kong maybe but a generic name like Happy Days would be something people could use if it fits perfectly what they're doing.

My one series has the same name as a few songs and even a few films, I could care less.

You can’t copyright register a title. But I have to agree with Higgins.

Also, why would you want to use a pre-existing title when you can create your own? I understand that you like whatever title but it was someone else’s idea. Why not be original? Wouldn’t you rather be the one who’s imitated than the one who imitates?

I had a meeting once with an independent producer who was considering putting one of my songs on the soundtrack of a movie. It made me sick when he started telling me the idea for the film was a rip-off of another film. He had already talked to a lawyer to see how much he could get away with ripping another movie off.

I don’t know, maybe it’s just me but it just seems so uninspired to take something someone else created instead of creating your own title unless it's just something that's so common and wasn't original for the song or film in the first place.

You went into a whole other discussion about ripping off though, personally for myself I think I can safely say that my series is like nothing else on the market and that's a fact.

Every idea rips off another idea, as someone said nothing is original but it's how you write it that makes it special.

As for the title when it works, it works.

Quoted from Old Time Wesley You went into a whole other discussion about ripping off though,...

The subject was in regards to using someone else’s idea but whatever.

Quoted from Old Time Wesley personally for myself I think I can safely say that my series is like nothing else on the market and that's a fact.

You made my point for me - why not make something special, which means distinctive or unique. Using a pre-existing title isn't special. It’s interesting that you claim your work is unique, which requires creativity, yet you couldn’t think of a title.

Quoted from Old Time Wesley Every idea rips off another idea, as someone said nothing is original but it's how you write it that makes it special.

Well, someone must have had an original idea at some point. It’s impossible for nothing to be original. That’s just chicken and egg nitpicking.

It's completely possible to have an original idea. It's the base plot that is generally reused. There are only so many plots in the wide, wide world, and they tend to be used over and over and over. They're generally called genres. Each genre has maybe two or three plots at the most. Most every single James Bond movie follows the same basic plot (or formula, they like to say). I've seen them all and they all are basically the same. Romances tend to have the same plot. Watch It Happened One Night from 1934 and then one of the modern chick flicks...it doesn't matter, just pick one. You'll find girl meets boy, conflict and adventure happens, girl and boy separate, girl and boy come together for happy ending. Occasionally someone breaks the mold and cross genres occur mixing an adventure plot with a romance one, but not too often.

However, the ideas behind each Jame Bond flick are different. None of them recycle ideas (no one is allowed to count the Thunderball / Never Say Never Again debacle, though). They all feel the same and to be honest, that's what we go to watch in a Bond film, but the adventure and twists and who he's up against are always different (sure, sometimes a little absurd, but that's a whole other topic).

Originality is in what you put in the plot, not in the plot itself. We all follow basically the same path through life in that we're born, we live, and we die. However, we all take different trails around that path to the same inevitable end. Not to plug, but the first part of my crown jewel story has been called original. But the basic plot is so retreaded, it's crazy. It's just a hero's journey. Same plot as Star Wars: A New Hope and Harry Potter and the Sorcerer's Stone and Fellowship of the Ring. Guy finds himself in a situation ripped completely free of his comfort zone. Ends up mostly dragged around throughout the story while learning the ropes. Learns who he is by the end and able to stand on his own.

And to share in the actual question so I can't be considered off-topic, I agree. You can't copyright song titles. The Beatles and Madonna and Pain of Salvation all have a song called "Rain".

Quoted Text Also, why would you want to use a pre-existing title when you can create your own? I understand that you like whatever title but it was someone else’s idea. Why not be original? Wouldn’t you rather be the one who’s imitated than the one who imitates?

When I heard the title, I instantly knew no other title would be good enough.  It perfectly describes the basis of the story, so much so that I was surprised to be so lucky.

So why make up my own title when I've got one as awesome as that?

George,

That was beautiful. And true, so true. I read a book about the twenty basic plots. I went through them trying to figure out a single movie that didn’t fall into one of them and could find not one.


Stephen,

There’s nothing wrong with being inspired by something else. But I bet if you really tried, you could come up with your own title. It may not be soon. It may take longer than your patience holds out but I believe you can do it and it may even be better than the song title. And you’ll probably feel better about it.

It should also be noted that even though it’s not illegal to use a song title doesn’t mean you won’t be sued. Major record labels have lawyers who can spin pretty well. Even if they lose, they will most likely kill your script and all hope of it being produced.

Most people think up a good title, when they find out months later it's a song title do you expect them to change it?

I use IMDB to not use existing titles of films but with that I cannot search a database of millions of songs just to make a few nit picky people happy.

Look around this site, a lot of our notable writers use titles that exist on IMDB and even in songs. If you want to stop Stephen here stop everybody else who did it, I bet you'll get to a certain point and realize you’ll never win the battle.

No one’s trying to stop Stephen. And I’m not waging any battle. Most song titles aren’t even very original themselves. With most song titles, no one would know whether you took it from a song or whether you took it from another of millions of other places. I don’t think anyone would ask if it was okay unless he felt the song title would be known in part for its uniqueness.

That doesn’t change the fact that you can try and be original. And I don’t buy the idea that you can’t.

You yourself say you use IMDb to look up titles. Why, if it doesn’t matter? I suspect it’s because you want to be original.

I agree I like being original, key work being I. Though like I've said the name of my series is original in the way I thought it up but then found out later on that someone else had used it.

Pissed me off a bit and that's why I use IMDB now.

I'm with you like I said, I don't think any titles from actual films should be used either out of respect or just because but it's kind of a contradiction if I don't say that with an asterisk because of the facts.

And for once it didn't turn ugly, yippee.  

Stephen:  So what the hell is the name of the song, anyway?

This thread can not be complete without that little piece of info.  It's driving me nuts.

Bert, the song is Illegal Tender by Louis XIV.  I won't say they make beautiful music or anything but it's dirty and it's British - and that's why it's so great.  The song sums up the story in those two words, and I bet you can't guess what the script's about...

That is a pretty good title.

Tell Brea to go jump in a lake and use it  

LOL thanks.

Quoted from Stephen Wegmann I bet you can't guess what the script's about...

Counterfeiting?

Quoted from bert Tell Brea to go jump in a lake...

I’m surprised someone hasn’t thrown me in one by now. I would just float on all the debris anyway.

Quoted from Breanne Mattson I’m surprised someone hasn’t thrown me in one by now. I would just float on all the debris anyway.

I'm sure you would. Wesley is always dumping stuff in there. I don't think it even has water anymore...

I don't even live near a lake but the ones I have seen in the past seem a bit stale if you will.

I'm the Automatic Wesley Replacement System, as Wesley seems to be on the take, ha-ha

This board is for comments or questions about the site or discussion board so a question such as this could go under Screenwriting Class or so I've been lead to believe ha-ha but anyway it doesn't go here at least I don't think so or maybe it does.

But when you really think about it, is an AWRS a worthwhile expendature in the yearly budget?