Hi Mary:
Great subject. Thank you.
Having created over 17 screenplays, penned a few short stories and am getting ready for the release of my first novel, I can tell you that titles can not be copywritten. However, unless you can prove that someone using your title will impede your fair right to compitition you are very much alone in that legal battle.
As an example, I created a screenplay titled, SWEET DREAMS. It was a suspence thriller. I advertised for talent and crew in a local Hollywood casting magazine , listing the title of the production. What came next was a letter from the production company and their legal department, asking me to please not promote my production any further. The title was the same one attached to their film and set for release over the next several months - SWEET DREAMS -the film about country music's PATSY CLINE.
Since I have an affinity for both country music and Ms Cline, I changed the title.
Next, there is also what is called, THE POOR MAN'S COPYRIGHT . This is where you take your material and send it to your self, certified mail delivery. When the federal employee ( Postal carrier ) delivers the material, you sign for it and store it away; never opening it. Should it so happen that you need to prove ownership in a court of law, your certified mailing acts as verification of ownership with all dates, time, ect. in place as evidence.
Accordingly, characters cannot be copywritten. There are many films and videos out there sporting the name Peter Parker ( Spider Man ). I was even watching am episode of L.A Law one evening and there was a character with my last name. When I checked the credits, sure enough, the spelling was the same.
There is also another way to protect your work by filing it with WGA. The Screen Writers Guild. The fees are a tad bit expensive, however, filing your work with the US Library of Congress will cost you upwards of $45.00 US, depending on what your are filing.
Should you so desire, go here: http://tinyurl.com/yxryvc
Scroll to the bottom of the page. You will see the indication that the page is under copyright; the contents are protected by e-commerce laws.
Now, about what we are sent via email, etc. It is my understanding that unless you are using same to create income and the work does not belong to you, you are in no uncertain terms, a thief.
I trust this will assit the process>
Again, thanks for this forum. Great Idea.
Joseph Buccheri
Copyright 2007 :)