Legal Question in Intellectual Property in New York

script and public domain material

I am a super indie director that has

adapted a script from an old public

domain book. Besides copyrighting

the script should/can I copyright the

title of the book? The reason being I

would like to re-publish the book

once my film is produced.

PS I am based in Ca & NY.


Asked on 5/09/07, 4:34 pm

2 Answers from Attorneys
Gary Adelman Adelman Matz, P.C.

Re: script and public domain material

Copyright is an expression of an idea. There is an exception from protection of titles of books, films, etc. It is section of the copyright law. Meaning You CANNOT Copyright a title. However, if you do a series of books you can trademark the title, ie. Harry Potter.

In addition to IP work, my firm does indie film work as well, if you have any other questions.

Read more
Answered on 5/09/07, 4:54 pm
Steven Mark Steven Paul Mark, Attorney at Law

Re: script and public domain material

I agree with Gary. My suggestion would be to not entitle your script identically to the book. Get your film sold then publish the book with additional material or deletions. At least this way you'd have some protection though anyone can publish a pd book. The value in such a book would be its tie-in with your film.

Read more
Answered on 5/09/07, 5:46 pm


Related Questions & Answers

More Intellectual Property questions and answers in New York