I wonder what the protocol is for a movie taking the title of one that already exists.
For example, there's My Blue Heaven from the early 50s I think and the one from the 90s with Steve Martin. It's not a remake. Then I noticed that there's a Woody Harrellson movie from 2008 entitled The Messenger, but there's also one from 1999 with Milla Jovonovich and there completely different plots. I've noticed several others over the years. Does anybody know?
While songs, movies and books are protected as intellectual property under copyright laws, titles generally are not, and are free game. There are exceptions. Films that are part of a series like Indiana Jones, Star Wars and Friday the 13th can usually get trademark protection. Some have argued with little success that I know of that the more complicated or involved a title (The Girl with the Dragon Tattoo) the more likely it can be considered for protection. Titles that are common words or general phrases (Glory, Raging Bull, The Wedding Singer) remain safely in the public domain.
While titles may be reused, characters and specific depictions from specific works may not be. So, while you are free to create an original film, called The Graduate, you may want to stay clear of characters called Ben and Mrs. Robinson, who meet in hotel rooms.
