Copyright of Titles

[Cal McInvale]

As Geoffrey Erwin pointed out, the copyright statute does seem to make
titles immune to the protection of statute.

However, I recall that Harlan Ellison was involved in a suit a number of
years ago that addressed this particular point.  It seems a filmmaker
planned to title a film, "I Have No Mouth and I Must Scream."  The story
did not resemble Ellison's story of the same title; however, the court did
find that the title was unique enough and so closely associated with the
copyright-protected story that the title deserved the same protection.
(I'm not sure of the exact citation for this case, but I think it is
summarized in Ellison's introduction to the collection of that title.  It
may also be in his book, "An Edge In My Voice" or "The Essential Ellison.")

As to whether or not there was a suit regarding the Benatar album and
Pynchon's book, I cannot say.  Maybe someone out there has the time to
check into this; I certainly don't.  With my upcoming move to Seattle, I'm
swamped; I forgot how much crap is involved in moving!


Cal McInvale        e-mail:  godot at rt66.com
WWW: http://www.rt66.com/godot/welcome.html
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What is most appealing about young folks, after all, is the changes, not
the still photographs of finished character but the movie, the soul in
flux.  -- Thomas Pynchon