Phil,

The song and the story are kind of similar if I am correct about the song.

The song to me is a metaphor for a drug addiction.

My film is a psychological horror about a writer who after a failed suicide attempt and coming off a drug addiction, decides to drive across california to get to her home town in oregon. Stopping for the night at a seemingly nice hotel, her and her husband check into their room. As the night goes on, the writer realizes the hotel is haunted and it exploits her own personal demons.

Will that get me sued?

It's possible if it's produced.  Those interested in producing it may want to change the name to avoid any legal complications.


Phil

I know this is a little of topic, but I always have trouble coming up with titles. Is there some kind of trick to come up with a good title?

Nope.


Phil

The closest thing to a trick I know of is to NOT try and be clever - but just let the title come on its own. Sometimes a title hits you and a story derives from it. Sometimes, while conceiving a story, a title jumps out at you. In my opinion, it’s best not to force it.

As with the story in this thread, your story and title together are definitely too similar to the Eagles’ song. It’s very obvious where you got the ideas. My suggestion is for you to develop your characters and as you get into the actual story, a title may present itself - and it may be even better suited for your story than Hotel California.


Breanne

Quoted from Breanne Mattson The closest thing to a trick I know of is to NOT try and be clever - but just let the title come on its own. Sometimes a title hits you and a story derives from it. Sometimes, while conceiving a story, a title jumps out at you. In my opinion, it’s best not to force it.

Don't try coming up with a pun for your title.  Those never work.

I remember reading somewhere that someone wrote a script about a person who lost both arms in an accident and how got on with his life afterwards.  He tried selling it under the title, "Look, Ma, No Hands."

And the whole internet groans in disbelief.


Phil

Quoted from dogglebe I remember reading somewhere that someone wrote a script about a person who lost both arms in an accident and how got on with his life afterwards.  He tried selling it under the title, "Look, Ma, No Hands." And the whole internet groans in disbelief. Phil

LMAO! Wow...

Thanks everyone for all your help. I am also reading scripts again so if you need me to read something just send me a PM

-Shelby

I can see both sides of this debate in that it is true that the title cannot be copyrighted, and *technically* you aren't using the *exact* storyline, so a lawsuit is not likely. But...it is possible. It is also possible that the use of the storyline alone and naming the hotel "Hotel California" could have the same result even if the title is changed.

Here's another consideration: as this debate did arise, it just might come up in the offices of whatever producer is interested. Obviously the use of the title is going to imply that the script was inspired by the song, and that's enough to have the Eagles credited with pay just to be safe.

You also want to consider how everyone will react to the film whether it's legal or not. You'll have every Eagles fan running to see it because they believe it is based on the song because of the title. Then, you are going to have every Eagles fan *hate* you because it isn't about the song and doesn't star the Eagles. It is going to be relentlessly compared to the song, and that comparison will tarnish the movie before it ever has a chance to stand on its own. If I were doing it and liked the story, I would change the title to avoid this last complication. Screw the legal battle...this last bit is far more damning.

George,

Wow. I never thought about that. I have decided to change the title. I thinking about just calling it "Hotel". If I did that, no one would ever even make the connection to the song unless I pointed it out.

-Shelby

Just a suggestion, but aybe you could have the song playing on the radio during a key scene. But you probrably already thought about that.

Quoted from Zack Just a suggestion, but aybe you could have the song playing on the radio during a key scene. But you probrably already thought about that.

Using copyrighted music is a no-no...probably worse than writing a script based on the song.  I've had to look into this myself to confirm that I need to do a rewrite.

Quoted from Zack Just a suggestion, but aybe you could have the song playing on the radio during a key scene. But you probrably already thought about that.

I have thought about this and I did do it, but after what Mike said, I'll change it. Thanks Mike.

Quoted from shelbyoops George, Wow. I never thought about that. I have decided to change the title. I thinking about just calling it "Hotel". If I did that, no one would ever even make the connection to the song unless I pointed it out. -Shelby

While it isn't the screenwriters job to market the movie, per se, it is our responsibility to make it marketable and understand some of the pitfalls it might run into somewhere down the road because of its elements. For this reason, it is not only acceptable to compare your script to others, but reasonably think about how the biggest jerk you know would think about it. Imagine yourself as the biggest ass of a critic and look at your movie and make the worst presumptions...are they reasonable presumptions? Stuff to consider.

This thread has been idle a while, but it's right up the alley of what I'm working on and I need to try to stoke it a bit.
I have the basic question that began this topic, though I found that the questions that were answered for Shelby didn't really suit my needs in the long run.

I too want to write a movie based on a popular song. Same story, same names, same locations (as the song), etc.
The whole point is to not altar the story or details in order to avoid being sued.

Example; If I wanted to write "the Ballad of Hollis Brown" based on the original Bob Dylan song. The movie would be about 'Hollis Brown' and the desperate North Dakota winter, strife with hunger that causes him to ultimately kill his whole family.

Now I am obviously working with the song as my inspiration and not much else. The names are the same, the story is the same, the size of his family, etc. Frankly put, altering the storyline  and title to avoid trouble would negate the whole idea.

I can't believe there's no way .

Also, say my script was done. Am I even going to be able to copyright it before I know where I stand with the title and story? Shall I prepare for many obnoxious negotiations?

That's about it. I hope I was clear enough to get some help. This is really holding me back.

Thanks