Copyright / name protection prior to existence.

[mdvaden]

This one, I can figure out for a book name; how to protect it prior to production. I'd just write a one page version with the book name, and have the copy notarized to document the date. Then a second version could be made.

With a video, how can the name be protected or copyrighted in advance? I noticed that several films or videos have been announced in advance, with mention of release dates.

If you were going to list a release date of something you had not produced yet, what options would choose to protect the name?

Can a video copyright hinge on the copyright of a written work? Meaning, write the short story first to get copyright, then have the video take over that name and fill it's shoes.

Thanks.

[mdvaden]

I think I found a bit of info at the LIbrary of Congress website.

There was a paragraph that stated that if an unpublished or incomplete work in "in progress", the part already completed is copyrighted as of it's completion. So I'd imagine that just a few video clips could be recorded with a Copyright.

That still leaves me scratching my head over the title.

The website said that titles can be copyrighted. I wonder if that meant a title all alone by itself. I find it hard to believe that a book's title is not copyrighted.

So I found some info, but am still short of a bit of information.

[Ronnoco]

This one, I can figure out for a book name; how to protect it prior to production. I'd just write a one page version with the book name, and have the copy notarized to document the date. Then a second version could be made.

With a video, how can the name be protected or copyrighted in advance? I noticed that several films or videos have been announced in advance, with mention of release dates.

If you were going to list a release date of something you had not produced yet, what options would choose to protect the name?

Can a video copyright hinge on the copyright of a written work? Meaning, write the short story first to get copyright, then have the video take over that name and fill it's shoes.

Thanks.

There is no copyright in a title, which is why recently I ended up with a both a book and movie on DVD called "The Lakehouse" with no relationship whatsoever to each other in terms of content or storyline. To use another example, there are probably hundreds of fiction books with common titles such as "The Assassin" etc. Use of the same title alone does not imply deception or dishonesty and would not be cause for an infringement action.

In both copyright and trademark law, there is a general concept called "passing off". Under this concept authors are entitled to protection against having other works passed off as their own or to prevent other authors from putting other works on the market which would confuse consumers by similarities in title and appearance. However, confusion, deception and/or dishonesty are necessary elements.

To answer the question of the relation of video copyright to a written work. The author of a written work has all rights to the "duplication" of that work including other media such as video. So, yes, if the written work was produced first, that would certainly copyright any future video of the same work. However in general the name cannot be copyrighted since "common words" cannot be copyrighted and even with an unusual title which could possibly be copyrighted/trademarked, the factors related to "passing off" are necessary to prove violation or infringement.

Ronnoco

[Ronnoco]

Oops! ------------