Copyright Question

Cat Scratch · Jul 25, 2006

Does anyone know the laws/guidelines/etiquette regarding play titles? A friend recently discovered a play being produced in Los Angeles with the same title as a play I've written. My version has been produced at a few different theatres nationwide and though the play itself is not published, an excerpt is being published in a scene anthology next year.

Do I have any rights in terms of getting this new playwright to change the name? I'm seeking a publisher at the moment, but meanwhile I'd hate for someone to pick up the anthology and contact the wrong writer for the remainder of the script, etc., or for them to reap the benefits of the publicity/name I've already established with this play. (Incidentally, this is why the friend contacted me to begin with--to congratulate me on another production.)

Any advice or thoughts would be greatly appreciated.

ComicBent · Jul 25, 2006

Copyright

Titles cannot be copyrighted. Thank God. The legal grief would be unending.

Of course, one author cannot represent his/her work as being the same as another work with that same title, but the issue there would be fraud, not copyright.

Goodwriterguy · Jul 25, 2006

ComicBent said:
Titles cannot be copyrighted. Thank God. The legal grief would be unending.

Of course, one author cannot represent his/her work as being the same as another work with that same title, but the issue there would be fraud, not copyright.

A title alone cannot be copyrighted, true enough; but a title is part of a larger work that can be copyrighted, of course. I don't suppose an infringement case could be built on the idea that another author has used your title, but I'd not dismiss the idea without consulting a copyright attorney first.

The first step I'd take, however, would be to get in touch with the writer of the other production, who may well have used the title innocently and has no idea there's an earlier show that uses it. He or she may be convinced to change their title, but if not, then I might consider adding the words "The Original" to my title,

"The Original TITLE," by Joe writer.

Nobody said this stuff was easy.

Mac H. · Jul 25, 2006

Do I have any rights in terms of getting this new playwright to change the name?

If the title is 'unique enough' then the second play might be construed as an attempt to cash in on the original play's success. For example, no-one can claim that someone else could accidentally title their own play 'How Stella got her Groove back'.

However, if your play's title was part of a well known saying (for example 'With Friends like these..' and the play hasn't had $10 million spent on TV advertising, then you don't really have much chance.

For example, that title (or variations of it, like simply 'Friends like these') has been used for a 1998 movie, a games show, a book title, etc etc. If you could stop another play having that title, than the makers of the 1998 movie would be able to stop you from having your own title.

There's no harm in giving the other playwrite/theatre company a call and chatting. Ironically, though, if your play was a total failure it might help your chances - nobody wants to google the name of their project and end up with a pile of bad reviews for another project!

Why don't you point out that your own play will be in the same city, playing at a similar time, and it might harm their sales if online ticket agents (like TheatreMania.com) get confused? Especially if it appears the same titled play is appearing at about the same time, with your ticket prices being lower - no-one will be interested in going to see his play with higher ticket prices for what seems like the same story!!

Just because you can't force them to do it using lawyers, doesn't mean it will be an impossible task...

Good luck,

Mac.

dpaterso · Jul 26, 2006

Best consult an entertainment lawyer who deals with theater. I wonder whether there's an arbitration mechanism within the theater community that deals with such matters? This can't be the first time this has ever happened.

Lawyer will (obviously) need a list of when and where your play was produced/performed. Lawyer should be able to obtain confirmation from the theaters who produced your play, and maybe the publisher you sent the extract to, that your play existed and was performed before the other play.

Based on what you've said, I'd say you have a case. Take immediate action.

-Derek
My Web Page - naked women, bestial sex, and whopping big lies.
Take the critiques you get with a grain of salt. Invariably, some of the critics will be kooks, bitter curmudgeons, or complete fools. ~odocoileus

Cat Scratch · Jul 26, 2006

Thanks for all of the responses. I doubt the other author did this intentionally, as he lives on a different coast and has probably not even heard of my production. Also, the plays are not running at the same time in the same city so it isn't as if there will be immediate confusion. I'm just thinking long-term, if someone is reading the excerpt and wants to get their hands on the rest of the play. I'd hate for them to accidentally purchase the wrong one, in a scenario where both plays get eventually published. We also have similar last names, which would lead to further confusion.

It seems like it's mere coincidence, and while I may try to get in touch with him to point this out, I don't feel legal action is necessary.

C.bronco · Jul 26, 2006

When I copyrighted my book (which wasn't necessary, but I did it to make my Dad happy), there were about 7 other works of various types which had the same title. Don't worry about it. You might have to change it anyway to get it produced.

whistlelock · Jul 26, 2006

Did they steal your work? Sue the pants offa them.

Just the same title? Don't worry about it, it's just a title.

QueenB · Dec 16, 2006

Many publishers reserve the right to change the name of the play. If you check through catalogues of play publishers, or go to their websites, you'll notice some plays with the same name. It's up to the one who orders the plays to get the right one by the right playwright.

PinkUnicorn · Jan 8, 2008

whistlelock said:
Did they steal your work? Sue the pants offa them.

Just the same title? Don't worry about it, it's just a title.

Of all the statements made, this is the one I agree wuth the most.

Last year I thought I had a unique title for one of my books, than about 3 months later I found out that about a year earlier someone had published a book with the exact same title! Oh well. Unless the title is the name of a copyrighted and registered tradmark icon, there is nothing you can do about the 2 plays with the same title.

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