title similarity matters

[7734]

Our company, Loose Ends, is set to produce a zombie movie entitled DEAD SEASON. I noticed a similar title here on the forums. Don't know if that means anything, copyright wise, but our **** is all original! Slated for early 08 release.

[DjfunkmasterG]

You cannot copyright titles. So you are safe in that respect. My film, DEADLANDS: The Rising, shares the title of a popular RPG and the subtitle is the name of a zombie novel. The only time you will run into title issues is when dealing with LUCAS films in the use of STAR WARS as it is Trade marked. US law states no one can copyright a title only the story or musical composition.

[MinionZombie]

Of course, despite not being copyrighted, there isn't much point in deliberately using another film's name. If you happen to pick a name, but it turns out a while later that there's another film by that name, then nevermind. For example, I made a short zombie flick called "Trapped" about 18 months ago, then when on IMDb I came across an actual film with the same title, but I didn't know about that when I was making my film - but of course, it doesn't matter, "Trapped" is just a word after all. Something like "Star Wars" or "Die Hard" are combinations you readily identify with someone else's work, but if the words or word combination is 'generic', then fine and dandy. So if your film ends up having the same name as another, and you don't wanna change (or you're not ripping off someone else's title completely) then just stick with what you have.

[Danny]

yeah you cant in trouble with a title like that, though the word dead is used in almost every zombie film i own, bar 28 days later (now,now mz ) so you could just try something different if your worried about the title theres plenty of good titles for a zombie flick that dont include dead in the title, but "dead" is a fad for zombie flick titles now like "of the living dead" used to be when people wanted to make some money off the sucess of romeros films.

[7734]

well I think of it as a standard tribute to have the word Dead in a zombi movie (to GAR, of course)

[DjfunkmasterG]

Basically thats what it boils down to... a tribute. A small title difference is nothing. If you were trying to steal a title for marketing... like the bloke whom actually released his indie film and titled it DAWN of the LIVING DEAD, then it isn't a tribute... it's a cash in

[Danny]

is that how you came up with deadlands?, cus i noticed when watching my copy that it stated (though this might have changed on later copies) that deadlands wasnt connected to a board game or something of the same name, what was that about, since were on the topic of names.

[DjfunkmasterG]

is that how you came up with deadlands?, cus i noticed when watching my copy that it stated (though this might have changed on later copies) that deadlands wasnt connected to a board game or something of the same name, what was that about, since were on the topic of names. Actually No... I didn't know about the game until I received an email from a fan of the game asking if my film had anything to do with the game. I had to go google the game name to see what they were talking about. I put the disclaimer on the DVD to make everyone happy. The fans of the game and the game company. No one gave me any real serious problem about it, I just did it so people didn't get there panties in a bunch.

[MinionZombie]

I suppose it's also additionally okay as it's a similar/same title - but on a different medium with totally different content.

[Dawg]

Sequel to my zombie book that is only 100 pages in (for the past five + years!) I heard about the RPG game and took off the 's' on the end. So the full title was going to be: 'Project Phoenix: Dead Land'. (Technically, I had this title before DJ, but not before the RPG, but it hasn't been completed yet either... so, if I choose to use that title I hope DJ doesn't beat me, hehe! ) Dawg

[DjfunkmasterG]

Sequel to my zombie book that is only 100 pages in (for the past five + years!) I heard about the RPG game and took off the 's' on the end. So the full title was going to be: 'Project Phoenix: Dead Land'. (Technically, I had this title before DJ, but not before the RPG, but it hasn't been completed yet either... so, if I choose to use that title I hope DJ doesn't beat me, hehe! ) Dawg I want $5.00 per copy sold. J/K I was back and forth on the title of the film but finally settled. So whats the story on your book DAWG

[Dawg]

I want $5.00 per copy sold. J/K I was back and forth on the title of the film but finally settled. So whats the story on your book DAWG Do you mean about the sequel that hasn't been completed as of yet? I haven't got back to it since I started doing the whole movie making thing. I plan on getting back and want to make it a book trilogy. One problem I have is editing (I couldn't afford an editor at the time and I think that is one main reason a lot of people hated the first one, but I did have many others who did like it.). Another thing is not really a problem, but it seems with each succeeding book that I do, the page count keeps getting bigger and bigger! Masquerade was like 300 pages, Project Phoenix was about 400 some pages and Slasher was over 600 pages! Currently my books are not published (there may be a few lingering around in online stores, etc), but it has been over five years and my contract was up so I decided not to renew with iUniverse. (They are a Print On Demand and don't advertise for you or help you in any real way.) I figure I will get them edited and set them up through CafePress since they don't charge anything. (iUniverse used to be $99, but is now like $499!). And then later down the line I want to try and get a literary agent who will sell them to a real publisher that will really get books into stores like Bantam, etc. Right now though I am busy with The Dead Live 2, so maybe after this one and before my next movie. Dawg

[Danny]

so are you like strictly into horror and zombie movie making?, cus i try to make comedys as well as horror myself adn if i ever make it in the industry i wouldnt mind making a WWII one ala saving private ryan.