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Copyright Question about same title names
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You can't copyright book titles. Same with film titles as well I think.
Yup. Having a published book doesn't give you exclusive rights to a title. You can't do a successful copyright violation suit based upon the title alone.You may however, have a valid case if your title is also registered as a trademark. Trademarks are protected. So you can't call your new fantasy novel "Harry Potter and the Unexplained Lawsuit" because "Harry Potter" is a registered trademark that identifies a series of novels, licensed movies, and other licensed merchandise.
Copyright protects your novel from being copied by others who would claim it to be theirs, or reprinted by publishers who would give you credit for writing it, but not pay you any money for the copies they sell. Copyright also protects you from people who would use the content of your work to produce unlicensed derivative works.
Doc
Doc wrote: "..."thanks for your explanation. i only know the germany copyright, which is sometime different.
it would be interesting to know when harry potter was registered as a a trademark. with the firs, second book, or much latter with the movie? i mean it would be the idea at that time to trademark it yourself and sell the rights to JK Rowling =)
You could google it, Patrick. I'm sure some fan somewhere has the information.
Michael wrote: "You can't copyright book titles. Same with film titles as well I think."You can't copyright titles nor ideas, only the execution of the idea! :-)
I came across this very thing once when I looked up the title "Ghosttown"..yeah there's like 30 books here on Goodreads with the title "Ghosttown" lol. So It's always interesting to wonder about some books with the same title but also remember if your writing a book try and be creative and come up with a title thats never been done before!
Justin wrote: "I came across this very thing once when I looked up the title "Ghosttown"..yeah there's like 30 books here on Goodreads with the title "Ghosttown" lol. So It's always interesting to wonder about so..."the title i liked was done, but thats happened around 30 years ago, so there shouldn't be a problem anymore. besides i only found one copy over a span of 30 years.
I like historical romances, and I noticed that I had come across the title Rules of Engagement several times. I went through the search engine on Amazon and put every book with that title, or something near, on my TBR list. I plan to read them as many as I can! Just a whimsical impulse. Some are non-fiction and some are various fiction genres.
I feel that as an author, you need to pick the best title for your book. Sure a unique title stands out, and if that works, great. If not, if the best title is one that's been used a hundred times, then use it. To me it's not all that different from saying you should never name a character John because it's already been used.
There are numerous books besides mine entitled "In The Eye of The Beholder" or some variation thereof. It was the most appropriate title for my novel. I have every confidence that there are likewise numerous books entitled "In The Eye of The Storm," which is the sequel I am currently writing. It is *also* the most appropriate title.As mentioned above, titles are not subject to copyright.
There are numerous books besides mine entitled "In The Eye of The Beholder" or some variation thereof. It was the most appropriate title for my novel. I have every confidence that there are likewise numerous books entitled "In The Eye of The Storm," which is the sequel I am currently writing. It is *also* the most appropriate title.As mentioned above, titles are not subject to copyright.
And sometimes it draws readers to your book, I know author Joleene Naylor (*waves at her - she's a friend and wonderful author*) had some sales when "50 shades of gray" came out because her first book is titled "Shades of gray"... so, the best title wins! :-D And if it's already (over)used... never mind! ;-)
Ha! My latest book, which was released in February, is also called Shades of Grey.I think it has led to more refunds from people buying the wrong one accidentally more than anything.
Michael wrote: "Ha! My latest book, which was released in February, is also called Shades of Grey.I think it has led to more refunds from people buying the wrong one accidentally more than anything."
Haha! She had that too, but some new readers as well! :-D
Patrick wrote: "Hi guys,i have i question for you. i recently saw within the goodreads search, that there are often books with the same name(+75 y..."
Titles are no protected unless they are trademarked. My book is the same title as a song and I had some concerns until I read through the copyright office FAQs:
http://www.copyright.gov/help/faq/faq...
"Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information."
I don't think titles can be copyrighted unless they're proved to be associated with a "brand," like Band-Aide or Pepsi. I heard of a case in Myrtle Beach, SC many years ago (perhaps before my time on this earth!) where there was a Holiday Inn there that had been around forever and the Holiday Inn chain hauled them into court and didn't have much luck forcing a name change for this very reason. I do recall the place, but I don't think it's still there. Time, urban sprawl, and development took care of that situation - but the Holiday Inn chain couldn't force them to make a name change because they didn't have enough evidence of "branding" at that point in time. It is an interesting thing, though, isn't it?
A for instance. David Copperfield, the magician. Someone wanted to raise the Dickens about it but failed.
i have i question for you. i recently saw within the goodreads search, that there are often books with the same name. i know that the copyright vanish after the death of the writer (+75 years) like in the case of lewis carrol.
for example:
New Moon (Oran, 1989, republish 2005)
http://www.goodreads.com/book/show/50...
New Moon (Twilight, 2006)
http://www.goodreads.com/book/show/49...
New Moon (Moon, 2007)
http://www.goodreads.com/book/show/37...
all of them are published just one year apart, the copyright therefore should still be intact. is it because the have different series titles, which they are part of or what is the legal reason for that?