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Author Topic: Book titles
tnwilz
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Does anyone know what the law is book titles? What if your book title is the same as a published book a few years ago in a different genre?
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Doctor
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I think anything goes provided it isn't "Harry Potter and the ...." or some kind of obvious trademark.
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TaleSpinner
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It seems not to be illegal:

quote:
Barnes has his own experience of titles doubling up. "Originally, Talking it Over was called Love, Etc. I then discovered one day when I was walking past a second-hand book barrow in a London street, a book of that title and my heart just fell. It was by an American writer called Bel Kaufman, who was the author of a bestseller called Up the Down Staircase. Her Love, Etc. was out of print but I didn't feel I could use it. I came up with Talking it Over but by that time I had already given my French publishers the title of Love, Etc. and they refused to change it. To add to the confusion, a film of that book came out, also called Love, Etc. When I wrote the sequel, 10 years later, in Britain I decided that Kaufman's title had lapsed into forgettingness and decided to use it, except in France, where the book was called Dix Ans Apres [Ten Years Later]."

More at http://www.smh.com.au/articles/2003/12/19/1071337141618.html

Whether the risk of confusion is one worth taking is, of course, a matter for the author and publisher.

I suppose you could even do a new twist on an old title -- "iRobot" ?

Pat


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tnwilz
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I had an idea and was thinking of a title that uses the word Half-breed. Of course that word has been used in the titles of books and films (even a song) quite a bit. Still, I'm sure I could think of a variation that is somewhat unique.

Tracy


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Chaldea
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As I understand, titles can't be copyrighted. Doesn't make sense to me, but there it is. You might try googling "copyright law," or "copyright rules," and see what advice is there.
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TaleSpinner
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US Copyright Office: http://www.copyright.gov/help/faq/faq-protect.html

You can't copyright a title.

But you can try to protect it (or elements of it) as a trade mark. Wiley has registered "For Dummies", "Webster's New World" and others as trade marks, for example.
http://www.dummies.com/WileyCDA/Section/Legal-and-Copyright-Notices.id-100099.html

Hope this helps,
Pat

[This message has been edited by TaleSpinner (edited May 05, 2008).]


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JamieFord
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(What if your book title is the same as a published book a few years ago in a different genre?)

I'd change it. You'll want a nice clean search if someone is looking for your book online.


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Robert Nowall
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In the last two-maybe-three years, I've seen four books that use the title Here, There, and Everywhere---only two of them had anything to do with the Beatles.

So if you want to call your book Great Expectations or The Colour Out of Space or A Midsummer Night's Dream, go right ahead---so long as you're not representing yourself as Dickens or Lovecraft or Shakespeare. Apparently it's legal.


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