Cinema Law: Using a Song Title as Your Movie Title

By Gregory Gabriel
URL: http://www.moviemaker.com/blog/item/cinema_law_using_a_song_title_as_your_movie_title_20090915/
Q: I have a conflict with the title of my movie and the title of a famous song; let’s just say it’s “Free Fallin.’” Neither the movie’s content/storyline, nor the title of the movie itself have a reference or connection to the song lyrics at all, besides the fact that the title is the same. The title is a common phrase that is used, but I’m afraid that if I name my movie as I want to, that I will get into trouble as far as copyrights. Can you tell me how likely I am to be sued for copyright infringement if I use a title that coincidentally is also the name of a famous song?