A film title search and the subsequent film title report is a search of several types of databases to determine whether or not your film title is clear for use. And, oftentimes, insurance companies will want such a search and report prior to issuing errors and omissions insurance with regard to your particular film project.
So, what is a film title search and report? Well, a film title search is a search of several different databases and other resources to determine whether or not there are any outstanding terms, names, or trademarks that may conflict with your potential film title. The first of these searches is a search of the U.S. Patent and Trademark Office database, as well as Common Law trademarks that may exist.
The purpose of this search is to ensure that there are no outstanding trademarks that may conflict with or cause a potential risk to your film title. The test for that is whether or not that trademark or trade name is identical or confusingly similar to your film's title.
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Hello. You are listening to Traverse Legal Radio. My name is John Di Giacomo, and I'm an attorney with Traverse Legal. I practice in the areas of copyright and trademark, as well as others related to internet law. Today, I'd like to talk to you a little bit about film title searches and film title reports.
So, what is a film title search and report? Well, a film title search is a search of several different databases and other resources to determine whether or not there are any outstanding terms, names, or trademarks that may conflict with your potential film title. The first of these searches is a search of the U.S. Patent and Trademark Office database, as well as Common Law trademarks that may exist.
The purpose of this search is to ensure that there are no outstanding trademarks that may conflict with or cause a potential risk to your film title. The test for that is whether or not that trademark or trade name is identical or confusingly similar to your film's title.
The second component of that film title search is a U.S. copyright search, and a legal opinion on that search. A U.S. copyright search is a search of the U.S. copyright database, which is located inside of the Library of Congress, but is also accessible to some extent online. A U.S. copyright search is intended to determine whether or not there are other preexisting terms or works that may prohibit your use of that film title's name.
Additionally, a Common Law film title search is also appropriate. A Common Law title search for films is a search of outstanding databases that list films. It may be the Internet Movie Database, or it may be others. The purpose here, again, is to determine whether or not there are any out there that would cause risk or otherwise present a problem moving forward.
Additionally, a good attorney will check song title and musical composition databases to determine whether or not there are other preexisting titles that may pose a potential risk. These risks could be whether under trademark law or copyright law.
Finally, after analyzing and identifying all these risks, the attorney will provide a film title report. A film title report is a final legal opinion letter that clears the use of that film title for both use internally and for distribution. Again, the purpose of this report is so that you can hand that report to your insurance company for errors and omission purposes.
If it turns out that there is a serious problem with the title in question, a good attorney will work with you on analyzing the level of risk associated with that title. This too should be included on any film title report.
So, that's a small glimpse at what is involved in a film title search and report. If you have any other further questions, do not hesitate to contact me directly at Traverse Legal. Again, my name is John Di Giacomo, and this has been a Traverse Legal Radio broadcast.
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