Question: I'm a wanna-be indie developer, and I am working on my first flash game. But, before I even start with the code, I want to know this: When determining the title of my game, how can I decide if it is copyrighted or not? 

For example, at first I thought about "Into the Void" for the title. When I Googled it, I found out that it is a name of a song by Black Sabbath. Is it okay if I use this title, or is it copyright infringement?

Answer: 
Short answer: you can use that name for your game legally, as long as you abide by the copyright laws and the name is not [trademarked](https://en.wikipedia.org/wiki/Trademark). 

For the long answer, we refer to [Wikipedia](https://en.wikipedia.org/wiki/Copyright_infringement):

> 
> **Copyright infringement** is the unauthorized use of works under
>  [copyright](https://en.wikipedia.org/wiki/Copyright), infringing the copyright holder's "[exclusive rights](https://en.wikipedia.org/wiki/Exclusive_right)", such
>  as the right to reproduce, distribute, display or perform the
>  copyrighted work, spread the information contained within copyrighted
>  works, or to make [derivative works](https://en.wikipedia.org/wiki/Derivative_work). It often refers to copying
>  "[intellectual property](https://en.wikipedia.org/wiki/Intellectual_property)" without written permission from the copyright
>  holder, which is typically a publisher or other business representing
>  or assigned by the work's creator. 
> 
> 
> 

If you really want to avoid any confusion or problems that may occur in the future, try contacting Black Sabbath and ask them if you can use that name for your game. If they say "no", then perhaps consider a lawyer, or just come up with a different name. If they say "yes", make sure to keep your [paper trail](https://en.wiktionary.org/wiki/paper_trail) for reference in the future.

**Relevent Links:**

* [Copyright Protection Not Available for Names, Titles, or Short
Phrases](http://www.copyright.gov/circs/circ34.pdf)
* [Copyright vs. Trademark vs. Patent](http://www.lawmart.com/forms/difference.htm)
* [What resources can I use to determine if the name of my game violates any copyrights or trademarks?](https://gamedev.stackexchange.com/questions/14941/what-resources-can-i-use-to-determine-if-the-name-of-my-game-violates-any-copyri)
The title of a game isn't copyrighted - it is trademarked. Trademark law and copyright law are related but entirely different areas.

While registration of a copyright is optional, a trademark must be registred to be enforceable (there are exceptions, like claiming an unregistred trademark through notoriety, but these are hard to prove in court). 

Trademarks registred in the US can be researched on <http://tmsearch.uspto.gov/> but keep in mind that trademarks always apply to individual countries. So when you sell a game internationally, you need to make sure that you don't advertise it in any country where the trademark is registred.

Trademarks always apply for specific groups of goods and services. So when I have a trademark "SuperAwesome2000" for toothpaste, kitchen appliances and sportswear, you could still name your game "SuperAwesome2000" without infringing my trademark, because entertainment software is a completely different field. You could even register the trademark yourself, as long as you do it for different product groups than I did. But when you start selling t-shirts advertising your game, we have a problem because you are infringing my trademark on sportswear.

Interesting read in this regard: [Apple Corps vs. Apple Computers](http://en.wikipedia.org/wiki/Apple_Corps_v_Apple_Computer).

But like in every legal matter: **When in doubt consult a lawyer.**