Book titles and copyright law

If someone copied the title for a biography about a warden who committed some shear act of stupidity and called it wardens folly. The united states law protects original works of authorship, fixed in a tangible medium including literary, dramatic, musical, artistic, and other intellectual works. Australia, canada and the uk all have crown, that enables the government to hold protection to certain works. Oct, 2009 brand names like pepsi, xerox and bandaid are all protected. How to copyright a book book copyright faq for authors. While the law will generally protect the contents of a book, the title of that particular book will not be protected. A great title can contribute tremendously to a books success. Mar 11, 2010 if you are looking for the quick and easy guide to ing your book, you have come to the right place. The law defines architectural work as the design of a building embodied in any tangible medium of expression. May, 2010 this is a definite known unknown in eu trade mark law.

An author or publisher may want to change the title of a book after it has been ed for a wide variety of reasons. Under the united states trademark law, titles of single works generally cannot be registered as trademarks but titles used in a series may be capable of registration if the marks otherwise qualify. However, if you want to make a post entitled 5 things that cant be. Home ip no trademark protection in book or movie titles no trademark protection in book or movie titles by scott hervey on february 6th, 2020 posted in ip, trademark law. This book offers an informed and comprehensive exposition of the law and practice of in australia. But the specific arrangement of those elements within a book might give rise to a claim of copying. Blacks law dictionary is the most widely cited law book in the world and is the standard for the language law. As i discuss below, under trademark law, some titles.

Current ukipo practice is to accept trade mark applications for books, although it is unclear whether the subsequent protection embraces book titles, or only publishers marks. Unlike protection, which is granted the minute your work is written down, trademarks arent handed out so freely. Most nations that have laws respect the s of other nations, by formal treaty or just by good business practice. Copyright doesnt protect titles, so there is no need for a new registration unless. It follows a simple structure which explores the fundamental concepts of law and practice in chapters. This is a problem that ive had to think about as a published author with my computer textbooks as well as with novels i am writing. Song titles, conversely, dont qualify for protection, so if you want. In short, the work is broadly accessible despite its engagement with legally and technologically complex concepts.

That is, if a ed american novel reaches bestseller status, the author can expect publishers from other countries to show interest in acquiring rights to distribute it in their countries. Generally, the title to a single motion picture is not entitled to trademark protection. How to copyright a series of books creative law center. In this article, im going to show you how to choose the right application, fill it out, determine how much it will cost, and exactly how to send your application and book s into the office. The law is clear that you cannot trademark individual book titles, but a title for a series of books can be trademarked since it serves the role of a.

Klems is the online community editor of writers digest magazine. Each part in the book deals with a separate aspect of law, and we provide real life examples and cases throughout. As with many legal doctrines, the effectiveness of law in achieving its stated purpose is a matter of debate. Qualifications and filing procedure judges gavel on book about infringement.

As for whether or not its a good idea to go with a title thats already been usedand in the same genre, no lessthats a question best suited for your editor. Who gets, types of work it covers, permitted use of material, how to license and sell and help resolving disputes how protects your work gov. The law strictly states that it does not provide any rights to any individuals who physically possess the e book. Federal trademark law is particularly useful for publishers who wish to register series titles while trademark common law and unfair competition laws are most suitable for the protection of single titles. As i discuss below, under trademark law, some titles are more worthy of trademark protection than others.

Absent unusual circumstances, producing a new song or book, or movie that happens to share a title with a prior, ed work is not going to present a legal problem. Oct 08, 2009 well, were all busy and who has time to research. As you know, law allows a user to prevent others from copying his work without permission. This is the province of lawyers, big publishers with legal departments, and plagiarism trackers, isnt it. A great title can contribute tremendously to a book s success. Trademark law protects words, slogans, logos and even designs that identify the source of goods or services. Book titles and titles of single creative works one of the most frequently asked questions in our practice is whether book titles and other titles to single creative works such as a title of a music album, cd, dvd, sound recording, or name or title of a play or movie can be protected as trademarks. Trademark protection for book titles internet law firm. Dec 17, 2014 hi john, yes, its all about proving it and thanks for sharing that about canada as i know there are a lot of people up north reading this post and the comments so the information you added about the current fee will be appreciated.

Jan 29, 2010 properly selected and maintained, your books title can be your most valuable intellectual property asset. Selecting and protecting the title of your book how to use. If you are in the process of publishing a book, or series of literary works, contact our trademark law attorneys today for a free consultation on protecting your intellectual property. Properly selected and maintained, your book s title can be your most valuable intellectual property asset.

Book titles and titles of single creative works new york. The internet archive offers over 20,000,000 freely downloadable books and texts. Mar 29, 2019 to a book, publish it online or in book form with your full name and the date of publication. Apr 30, 2018 titles of books are not, generally, protectable by. Can you change the title of a book after it has a copyright. But more relevant to us, book titles such as the da vinci code and harry potter and the sorcerers stone are trademarked.

Can you use the same book title thats been used before. This fact sheet is included in our pdf educational fact sheet pack which is free to reproduce for educational establishments, libraries, advice centres and other noncommercial organisations. Trademark law also deals with an exclusive right that gives the owner of a mark the right to exclude anyone else from using the mark or a confusingly similar mark on goods or services in the. This is the title of the specific work you want to register. It can also create opportunities for multiple passive income streams from licensing the sale of bookrelated merchandise and paraphernalia. I recently found out that there is an album whose title is the same as mine. Apr 12, 2011 just as a typical printed work, e book s provide the sole rights of it to only the author or the creator of the e book. Song titles and trademark law trademark law is often confused for law but it is a very different type of legal protection it aims to prevent consumer confusion in the marketplace. Borrow a book books on internet archive are offered in many formats, including daisy files intended for print disabled people. Additionally, use the symbol when you publish your book. Oct 22, 20 article titles and sections on the internet, however, are registered as a service mark because they can exist independent of any publication.

No, every selfpublisher needs to have a bit of information on and the way the law works in the united states. A trademark is more difficult to get than a, but you might be able to trademark a book is the u. If you change a books title after you register the you do not need to refile. Also, the government has other laws, such as state secrecy laws, to prevent the distribution of information. Hutchison also avoids presupposition of knowledge in the area of law, consistently making clear how digital issues fit in the broader law context. The work to be registered could be one work, a collection of works or an individual contribution in a larger work. The same is likely true for short titles, chapter titles, headings, etc. When people hear the mark cocacola they think of the famous cola flavored soda beverage manufactured by the company of the same name. May 30, 2019 a trademark is more difficult to get than a, but you might be able to trademark a book is the u. Publishers of works such as a star registry may register a claim to in the text of the volume or book containing the names the registry has assigned to stars, and perhaps the compilation of data. A literary work is a work that explains, describes, or narrates a particular subject, theme, or idea through the use of narrative, descriptive, or explanatory text, rather than dialog or dramatic action. In our law firm, we often get asked by authors whether and how they should protect their book title. Titles may not be ed, but if they are used to identify a business, good or service in the marketplace, they can be given trademark protection. Jassin provides a full range of legal services on book publishing, entertainment, trademark, licensing.

It is the authors legal protection against theft of literary, musical, or artistic work. When your book is placed under contract with an established publisher, the u. Learn more about the products legal professionals rely on to strengthen the business, practice, and study of law. No trademark protection in book or movie titles the ip. However, these steps only give you common law protection. Jassin provides a full range of legal services on book publishing, entertainment, trademark, licensing, internet and corporate law matters. So the purchasing or the downloading of an e book does not include any rights. To qualify for protection, a work needs to possess a significant amount of original expressionand while a significant amount of original expression isnt fully defined by hardandfast rules, the courts have ruled that expressions as short as book titles do not qualify. Sometimes the problem is that two people in the world have the same book title for a different book. If you use a title in a way that might cause confusion in the marketplace, there could be trademark issues. Uk copyright law fact sheet the uk copyright service. Mar 03, 2017 in most countries, most artistic works including most song lyrics are protected by. However, if you have other title ideas that arent already in use, id recommend considering a changeif only to alleviate confusion in the marketplace down the road.

Nov 23, 2019 books and manuscripts are increasingly distributed by electronic means, but the concept of protection still stands. Patent and trademark office thinks the duplication of titles would be confusing or would dilute someones brand. How to use song titles or lyrics created by others. The name for a series, at least while it is still being published, has a trademark function in indicating that each book of the series comes from the same source as the others. So if you use the title of your book as the title of your blog, column, etc. Although the law will not protect titles, trademark and unfair competition law may protect these valuable properties. And if you find success, you could qualify for trademark protection. Can books mention the names of other books, songs, or movies. Properly selected and maintained, your books title can be your most valuable intellectual property asset. Answers to frequently asked questions about what is protected by. In order to protect your book title, you cannot rely on trade. Thus, for a period of time, usually the artists life plus 50100 years, the artist has the exclusive right to determine how and when her art is used or copied. Dear music lawyer, i have written an original composition, and i publish it and sell its sheet music in the retail marketplace.