I was just looking through my (more) list on the Homepage and came across StangStar06's "The Grass is Always Greener Over the Septic Tank". That got me wondering since it is the same title as Erma Bombeck's well known book as to whether it is a copyright violation. I guess not because it was written and has been posted for nine years now and I am sure, from perusing Amazon's booklist, that there are many duplicate titles but none seem to be quite so well known.
Under US law, the title is generally not protected by copyright. It could however be protected as a trade mark.
Under US law, the title is generally not protected by copyright. It could however be protected as a trade mark.
I believe that's correct. Though the title is usually protected better by upset fans of the original works and authors from what I can tell.
Unless it's was made into a movie, there's little chance of most book titles being registered (as a trade mark). Copyright controls the physical works in a book, not the ideas, characters, plot or anything else.
In most cases, any given book named will turn up dozens of items, especially for books titled using women's names. When I published "Stranded", I was dismayed to discover that there were a horrendous amount of similar titled books, across nearly every available genre. So I retired that book and republished with a new cover under the title "Stranded in a Foreign Land". It's still not a unique name, but it's the only sci-fi title under that title (at the time, at least).
Generally, it makes sense to research any name you plan to you before publishing/posting, though honestly, on SOL it doesn't really matter much.
Unless it's was made into a movie, there's little chance of most book titles being registered (as a trade mark).
Louis L'Amour Wrote a book and it was made into a movie, "The Quick and Dead". There is another movie out by the same title.
another example of titles not being copyrighted. Book published in 1973. TV-movie (Sam Elliot/Kate Capshaw) in 1987 (one of nearly 20 L'Amour book based movies). Elliot and/or Tom Selleck starred in a halfdozen TV movies, but the list of big name stars who were in L'Amour based big screen productions is lengthy.
The other TQatD movie out in 1995 (Hackman/S. Stone/Crowe/DeCaprio) was "classic Hollywood western" about mano-a-mano/ high noon/dusty street gunfight/duels that rarely ever happened in actuality.
FWIW, the TV movie got a higher rating.
FWIW, the TV movie got a higher rating.
In other words, in typical Hollywood fashion, terrible ideas generate more trends than the best-selling creative ideas! Hollywood would rather steal ideas than actually hiring original creative thinkers, as 'creative copying' is easier than bucking established trends.
Hollywood would rather steal ideas than actually hiring original creative thinkers,
Yup.
Louis L'Amour Wrote a book and it was made into a movie, "The Quick and Dead". There is another movie out by the same title.
As I stated: "Unless it was made into a movie …
It's typically the movie studios which file for trademarks for titles, not authors or publishers.
It's typically the movie studios which file for trademarks for titles, not authors or publishers.
This is true, as a practical matter.
However, there is nothing in the US trademark laws that would prevent an author or publisher from registering a book title as a trademark.
However, there is nothing in the US trademark laws that would prevent an author or publisher from registering a book title as a trademark.
I never claimed it isn't, but it's the huge law firms hired by Movie Studios that create the legal hassles, whereas publishers would be shitting their own pants if they forced other publishers to trademark every single book title. In that ever happened, they'd quickly run out of applicable book titles, because so many would go to the majority of one-and-done published books!
However, there is nothing in the US trademark laws that would prevent an author or publisher from registering a book title as a trademark.
From the Author's Guild: https://www.authorsguild.org/industry-advocacy/can-trademark-title/
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 brand.
Some SOL story titles are shared by several stories. Sooner or later, someone will try to upload to Bookapy a book with the same title as an existing book. I wonder whether that will be allowed.
AJ
Sooner or later, someone will try to upload to Bookapy a book with the same title as an existing book. I wonder whether that will be allowed.
I already did it. I have a short story on SOL called "Last Kiss" and a novel with the same name on Bookapy. Both are inspired by the song "Last Kiss."
I have a novel called "Steele Justice." When I originally searched on the name I didn't find any books with that name, but later when I left off the books category I discovered there's a movie with that name.
Titles are reused all the time.
I have a story on SOL called "Taming of the Shrew." Shakespeare's ghost did visit me one night, but not to complain about using his title. He asked about my New English. Speaking Old English, he couldn't understand it. And on SOL, there are stories called "The Taming of the Shrew" and "The Taming of the Shrews."
I already did it. I have a short story on SOL called "Last Kiss" and a novel with the same name on Bookapy. Both are inspired by the song "Last Kiss."
You missed the point.
You do not have two books on Bookapy titled 'Last Kiss'
AJ
You do not have two books on Bookapy titled 'Last Kiss'
"The Widow" by Fiona Barton and "The Widow" by Carla Neggers are both on Amazon.
"Sexual Awakening" by S.W. Blayde (me), "Sexual Awakening" by Rusty Baker, "Sexual Awakening" by Antoinette Sax, "Sexual Awakening" by Tony Day Tromp, and more are all on Amazon.
Not Bookapy :-(
Bookapy doesn't have as many books as Amazon. But why is Bookapy different? They're both a place to buy books.
But why is Bookapy different?
Because I'm shit-stirring. Although perhaps hoping someone might check the scenario is catered for.
AJ
Bookapy doesn't have as many books as Amazon. But why is Bookapy different? They're both a place to buy books.
Bookapy sorts by ASN and/or ISBN, whereas Bookapy sorts by item number (i.e. posting sequence). You can find books by ISBN, but it takes longer than most other sites since it's not a primary sort, though I've never tried to time either one.
Some SOL story titles are shared by several stories. Sooner or later, someone will try to upload to Bookapy a book with the same title as an existing book. I wonder whether that will be allowed.
I think it's already been done, as I noticed a duplicate to my Kindred Spirits, though I can't recall whether it was on SOL or Bookapy. Either way, Bookapy tracks titles by item number (according to order posted, just like lulu and smashwords does), rather than by title.
@Switch Blayde
And on SOL, there are stories called "The Taming of the Shrew" and "The Taming of the Shrews."
Or, in true '70s porno mode, you should use the classic "The Screwing of the Shrew!" ;)
The general world wide answer is "No." However, certain words in a title may end up being protected by trademark laws if you include a trademarked name in the title. Thus while a book title of The Soda Wars, would not be of any legal issue a book title of The Pepsi - Coca-Cola Wars would be open for a legal case due to the trademarked names in it.
certain words in a title may end up being protected by trademark laws
Peter Best, the Beatles drummer before Ringo, put out an album with the title "Best of the Beatles." He was sued and lost.
Peter Best, the Beatles drummer before Ringo, put out an album with the title "Best of the Beatles." He was sued and lost.
While copyright protects the literary words on a page (whether physical or virtual), trademarks protect the filed corporate name, and the 'truthfulness' of the phrasing be damned. Which is why the punctuation is wrong on SO MANY business signs (i.e. "McDonalds Cheeseburgers")!
However, certain words in a title may end up being protected by trademark laws if you include a trademarked name in the title.
At least under US law, with a sufficiently distinctive title, it would be possible for an author/publisher to register a trade mark on the complete title.
Thus while a book title of The Soda Wars, would not be of any legal issue a book title of The Pepsi - Coca-Cola Wars would be open for a legal case due to the trademarked names in it.
Actually even the title The Pepsi - Coca-Cola Wars is unlikely to be legally problematic.
It is not a violation of a trade mark to use it as a reference to the company/product for which the trade mark was registered. No permission or license is needed for this.
Under US law, trademarks are registered for a particular field. And the trademark has to be used in that field to remain valid.
It is highly unlikely that either Pepsi or Coca Cola have registered their company names for the publishing/literature area.
At best if one of the companies thought the book was sufficiently unflattering the could maybe bring a disparagement of trademark suit which is effectively a special form of defamation.
Brought against a publisher with sufficient resources to mount a defense, such a case would be an extreme long-shot for a win on the merits.
It is not a violation of a trade mark to use it as a reference to the company/product for which the trade mark was registered. No permission or license is needed for this.
When you file a trademark application, you're required to perform a 'trademark' search, to see whether the name has already been used. The search determines whether the specific trademarks been used before (i.e. whether it's unique or not), not whether it contains trademark references.
In other words, you can't call your company "IBM" or your product "Coke", but you could potentially use "Cokish". However, the problem arises not when you file for a trademark, but when the other company sues you, because in most cases, it's the number of lawyers and the number of billable hours that win, not the actual legal merits of the case! If you file enough motions, several will stand no matter how apt, and that's essentially all that matters.
In other words, you can't call your company "IBM" or your product "Coke".
This probably isn't true, although a soft drink called coke would not be allowed.
"Coke (fuel)
From Wikipedia, the free encyclopedia
This article is about fuel coke derived from coal. For fuel coke derived from petroleum, see Petroleum coke.
Raw coke
Coke is a grey, hard, and porous fuel with a high carbon content and few impurities, made by heating coal or oil in the absence of air—a destructive distillation process. It is an important industrial product, used mainly in iron ore smelting, but also as a fuel in stoves and forges when air pollution is a concern.
The unqualified term "coke" usually refers to the product derived from low-ash and low-sulphur bituminous coal by a process called coking. A similar product called petroleum coke, or pet coke, is obtained from crude oil in oil refineries. Coke may also be formed naturally by geologic processes."
A few things to keep in mind on this aspect of the discussion:
1. The laws can often change between countries, and they usually do, so don't accept the US law as being the be all and end all of everything.
2. Trademarks and registered business names are usually only restricted to the country in which they're registered, unless the company goes to the trouble to register them as an international one, which is a much higher expense. Even then others may also use it if it's linked to their name.
3. Most laws on trademarks and company names do allow for the same name or trademark to be used by different organisations if they're in very different types of businesses where the second applicant can show it's very unlikely to be seen as connected to the other. This is especially so where it involves a person's name.
4. Sometimes an organisation can get a trademark registered but have to still allow someone else to use it if they have a prior usage from before the registration.
