How To Navigate Between A Film Copyright And Trademark?

“It’s your fast-paced, frivolous decisions that can potentially lead to your biggest mistakes. Never think it’s okay to overlook the fact that you have the right to command respect for what you took the time to create. Get your copyright. Get your trademark. And continue on your journey with confidence that you’ll be protected to the end” – Gia Foretia

Finally, my first movie poster is about 85% complete. Even though, it’s not 100% due to my need to still attach a director, actors/actresses, locations, a film crew etc., the progress was more than enough for me to feel satisfied. And, once something is close to completion, there’s a natural human urge to want to expose it to the world to show how far you’ve come.

But, I knew I had to control myself and really think about all the details.

So, what’s next? I definitely wanted to start marketing to begin garnering attention and building an audience/buzz but something kept nudging me to wait and I couldn’t understand why. So, I let the decision sit for a few days. I even went to a photo shop to get the image framed up to hang it up on my bedroom wall so I can see it every day as a constant reminder of what I’m working towards.

Then, as I returned back from the photo shop, I happened to go onto YouTube and see a video thumbnail explaining how a well-known celebrity stole a young entrepreneur’s business idea.

Now, of course one would automatically think the well-known celebrity was wrong for what he did but it was very important for me to look at all the aspects of the situation. As the story began to unfold, it was found that the young entrepreneur was advertising his business idea on social media without securing all the necessary rights to cover his tracks.

In essence, his business idea was fair game. (Shit!).

From that, I immediately went onto the WGA registry and the Library Of Congress to secure my copyright for my movie poster image. Gladly, everything was accepted, processed, and secured. I officially own my movie poster! Once the actual Library Of Congress copyright certificate came through the mail, I immediately thought, “Okay. Gia. You’re in the clear. You can do whatever want now”.

Wrong!

I had another nudge to wait and give the Library Of Congress a call to ask if my film title and tagline were also included in the copyright I’d secured?

Their answer: No! The Library Of Congress only covers the actual image and/or visual work. You would need to trademark your film title and tagline with the USPTO office because that’s intellectual property. That trademark will cost you $350.

My response (In my head): What?! $350?!

It was at this point, I realized that a copyright and a trademark were two totally different things. I was so aggravated. After speaking with the representative, I waited an hour and called back hoping to speak to someone else and hoping to get a different answer. (LOL!)

But nope! Didn’t happen. I was going to have to pay for that trademark even if I had to cry to do so.

I went to the USPTO website and typed in my film title and 10 results came up. 2 were alive and 8 were dead. Luckily, the 2 that were alive were not in the category I needed. Next, I carefully watched all the tutorials and found out that if I also include the actual image, tagline statement, and the colors within the movie poster that can further guarantee my trademark acceptance because it shows differentiation.

Once I hit the “submit” button to the trademark application (two weeks later), it was a huge relief but the question of “what in the world would be next?” immediately began to linger.

And the journey continues.

What are some crazy experiences that you’ve had when it came to making sure you own the rights to your products/ideas? Let me know in the comments.

Other posts you may be interested in:

• Why A Film Treatment Is Important?
• How To Create An Epic Movie Poster?
• What Happens On Set During A Film Production?

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Disclaimer: 

The author is not liable for any losses or damages related to actions of failure to act related to the content in this article. If you need specific legal advice, consult with an attorney who specializes in your subject matter and jurisdiction.