Fahrenheit 451 vs. Fahrenheit 9/11
Ray Bradbury·, author of the acclaimed novel Fahrenheit 451·, is demanding that Michael Moore· apologize and change the title of his new film·, Farenheit 9/11·, which starts playing this Friday·. Bradbury says he wants to avoid litigation, but it’s not clear he’ll back down unless the film’s title is changed, which strikes me as unlikely.
This is poor judgment on Bradbury’s part. I would be willing to put money on the release of Fahrenheit 9/11 helping sales of the book Fahrenheit 451. I’m not sure what sort of claim Bradbury would make, but I assume it would be under trademark law. I can’t imagine Bradbury demonstrating: (1) that there will be any likelihood of confusion at all as to the source or origin of Moore’s film or (2) damages. Or perhaps it would be a claim for copyright infringement. I’m not aware of any cases where a copyright holder has demonstrated infringement based on similarity of title alone, but I may be mistaken.
This reminds me of the ongoing battle over DJ Dangermouse’s The Grey Album·, in which the Beatles’ record label has shut down distribution of a remix of the White Album. In both cases, a younger generation who may not have been exposed to the earlier work is made aware of it, and is much more likely to purchase copies of the earlier work.
Fundamentally, though, it’s not about money, it’s about control. One of the points John Zorn makes repeatedly in the documentary A Bookshelf On Top Of The Sky is that you can’t control a work of art you’ve created. It’s not really “yours” any more than a child you create is “yours.” You have all these ideas about what you want your child to be and what you want your child to do, but it takes on a life of its own and you just have to let it go. I’m sure, however, that many copyright holders do not entirely share Zorn’s philosophy.
Charles Jan 28
I know that in the United States and ‘title’ is specifically NOT copyrightable. (Otherwise you would never see two books/movies/anything with the same title.
Paul Rubens Jan 28
Using an altered version of a well known title of a work is not really subject to copyright or trademark rules. It’s a hommage and as such doesn’t affect the original at all. Michael Moore doesn’t try to give the impression that his work is in any way connected to Fahrenheit 451 and I believe no sane person would think so.
Ray Bradbury, by the way, unlike Michael Moore, used the exact same titles of previous works for his works: http://www.brianstorms.com/archives/000372.html
Dylan Thurston Jan 28
The paperback edition of Fahernheit 451 is sales rank 65 on Amazon right now, supporting Adam’s point quite strongly.
Robin Jan 28
I was going to recommend “Fahrenheit 451” to my daughter, but Ray Bradbury’s petty accusation has persuaded me not to. While I won’t burn his book (pollution, you know), his selfish short-sightedness burns me up. I would think he would be grateful that Michael Moore’s movie has sparked new interest in his old book.
Anonymous Jan 28
“Moore” on Fahrenheit 9/11 and the trademark debate