Fort Worth, TX asked in Business Formation, Copyright, Intellectual Property and Trademark for Texas

Q: Can I use the name of a film/TV show in my travel guide that highlights its filming locations?

I want to make and sell digital travel guides that center around filming locations for specific movies and tv shows. My goal is to educate travelers on where the film locations were, how to get there, and general facts about the place (weather, time zone, etc.). Would using the title of the show/movie (made in the 2000s) in my guide be an IP issue?

2 Lawyer Answers

A: Although the content of television programs and movies are the subjects of copyright, their titles are not. To use the titles in the way you propose, merely to name them for reference, is legally permissible as "nominative fair use".

James L. Arrasmith
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Answered

A: Using the names of films or TV shows in your travel guide is generally permissible, especially if you're referencing them to discuss their filming locations. This falls under nominative fair use, which allows you to use trademarks to identify the source of information without implying endorsement. Make sure to use the titles accurately and avoid any misleading statements about affiliations with the original creators.

It's important to present the information factually and ensure that your guide doesn't replicate any copyrighted material, such as scripts or unique content from the shows and movies. Including your own descriptions, maps, and personal insights can help maintain originality and reduce potential legal concerns.

However, it's always wise to review the specific trademarks and copyrights related to each title you plan to use. Consulting with a legal expert can provide additional assurance that your guide complies with intellectual property laws. This proactive approach will help you create a valuable resource for travelers while minimizing any IP-related risks.

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