Are TV episode titles copyrighted??

Asked 10 months ago - San Leandro, CA

I wanted to start a blog using the title of a specific TV episode from a tv series that ran in the 2000's. Are individual tv episode titles copyrighted?

Attorney answers (3)

  1. Alan James Brinkmeier

    Contributor Level 20

    3

    Lawyers agree

    Answered . Names, titles, and short phrases or expressions are not subject to copyright protection. Even if a name, title, or short phrase is novel or distinctive or if it lends itself to a play on words, it cannot be protected by copyright.

  2. Victor Calvin Johnson

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Alan is right that copyright law does not protect a name. However, many if not most TV series are registered trademarked. Even if not registered, they are subject to common-law rights. I would suggest you talk with an IP lawyer before proceeding too far.

  3. Bruce E. Burdick

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Q:"Are individual tv episode titles copyrighted?"
    A: Wrong question. The right question is are they TRADEMARKS or SERVICEMARKS? And, the answer is that no, they seldom are. Yet, you are not safe. While the title of a single show would not show an intent to continue to use in commerce (a prerequisite for trademark or servicemark protetction), the title of a series is inherently intended for continued use in commerce and can be the subject of a servicemark for entertainment services in the nature of a continuing TV series.

    Q:"Are individual tv episode titles copyrighted?"
    A: Seldom do titles have the necessary level of creativity to be accorded copyright protection under 17 USC 102. http://www.law.cornell.edu/uscode/text/17/102

    This has been asked and answered directly of indirectly over a hundred times here on Avvo. See a link to the prior answers and legal guides below. You can find all you need to know by reviewing them.

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