(Can you copyright an idea or a title?)
However,copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.
Section 102(b) of the Copyright Act specifically states: “In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle or discovery, regardless of the form in which it is described, explained, illustrated or embodied in such work.
Derivative works: there can be a lot of gray area between an uncopyrightable idea and an infringing derivative. Example, you can write your own book about a boy wizard and a wizard school, but you can’t use any of the characters from Harry Potter.
What I think:
well, those rules do not apply to Fanfic, I suppose. If you're writing fanfic, which usually is posted on Fanfic websites, the short stories are not copyrighted. I will post a blog entry about Fanfiction writers in the coming weeks.
I am going to relate an experience I had earlier this year.
I finally published the revised version of my book, In the Company of Elves. A book I originally wrote back in 2005 and copyrighted and published it with Instantpublishers in 2009. Uploading the revised version to Kindle was no problem but when I uploaded the file to CreateSpace to publish a paperback version, I received an email from them that my book was suspended until I showed proof that I own the rights to the book. When I called CreateSpace to ask them why my book was suspended, they told me there was some confusion regarding another book by the same title! Another indie/self-published author used the same title. I was surprised and irked but since I had the original copyright papers for my book, I sent a copy of it to CreateSpace. All was taken care of and the paperback version of my book is for sale.
The other author's book was published in 2016 under the same title. I already had a book with that same title up on Amazon since 2009. The content of both books are very different, however they are both categorized as fantasy. Her book is a part of a trilogy whereas my book is just one single novel. I assume she decided to use her subtitle as the main title instead of using Cat's Tales as the main title. Confusing isn't it.
Example:
I finally published the revised version of my book, In the Company of Elves. A book I originally wrote back in 2005 and copyrighted and published it with Instantpublishers in 2009. Uploading the revised version to Kindle was no problem but when I uploaded the file to CreateSpace to publish a paperback version, I received an email from them that my book was suspended until I showed proof that I own the rights to the book. When I called CreateSpace to ask them why my book was suspended, they told me there was some confusion regarding another book by the same title! Another indie/self-published author used the same title. I was surprised and irked but since I had the original copyright papers for my book, I sent a copy of it to CreateSpace. All was taken care of and the paperback version of my book is for sale.
The other author's book was published in 2016 under the same title. I already had a book with that same title up on Amazon since 2009. The content of both books are very different, however they are both categorized as fantasy. Her book is a part of a trilogy whereas my book is just one single novel. I assume she decided to use her subtitle as the main title instead of using Cat's Tales as the main title. Confusing isn't it.
Example:
Chandra's Quest
Chandra's Quest Book 2: Twisted Embers
Chandra's Quest Book 3: Immortality
I don't know if the author did it intentionally but I did find out that the author has long since passed away. her sister in law takes care of the distribution of the author's books. What the author did does happen. But you can't copyright titles as stated above.
Can someone steal an idea for their own book?
Yes! It happens. My advice to all authors, especially indie/self-published authors, don't post your book's information on your website (especially if you're still working on it) until you're almost ready to publish it. A person may use a title you come up with, that's fine, there are many similar titles on online bookstores, however keeping your idea for your book furtive, helps. We all have a rival who is jealous and downright mean-spirited, who may go to extremes to damage your progress or reputation. Just noting.
*Can anyone use the idea from a book that you published? Anonymous
Answer: Yes they can, as long as they change a few things, and make it their own. Some writers who write the scripts for actors for certain TV shows, have used ideas from unknown authors. If an author wants to claim that the producers or writers of a show used his/her idea for their script, remember ideas are not copyrighted so basically it's hard to prove.
What I think: I personally think that if your idea is used in a show or movie, may they link your book as a source, giving the unknown author credit! It can be, "This story is loosely based on a book by," it's that simple. A lot of indie/self-published authors have seen their ideas used in TV shows like the syfy channel.
It is a compliment to have someone like the idea that you used to write your book, however you won't see royalties from it and it's not fair to the struggling writer.
*Can anyone use the idea from a book that you published? Anonymous
Answer: Yes they can, as long as they change a few things, and make it their own. Some writers who write the scripts for actors for certain TV shows, have used ideas from unknown authors. If an author wants to claim that the producers or writers of a show used his/her idea for their script, remember ideas are not copyrighted so basically it's hard to prove.
What I think: I personally think that if your idea is used in a show or movie, may they link your book as a source, giving the unknown author credit! It can be, "This story is loosely based on a book by," it's that simple. A lot of indie/self-published authors have seen their ideas used in TV shows like the syfy channel.
It is a compliment to have someone like the idea that you used to write your book, however you won't see royalties from it and it's not fair to the struggling writer.
Copyright Certificates
How long is the copyright certificate valid?
*As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first.
In conclusion, ideas, names and titles are not protected. To all my fellow indie/self-published authors, good luck and be vigilant with your work.
Visit my Youtube channel to view recent videos. I made a video from the book Saints and Sinners: Affairs of the Heart. Chapter 3. I plan on making more videos of my books, and I will share chapters from them.
Visit my Youtube channel to view recent videos. I made a video from the book Saints and Sinners: Affairs of the Heart. Chapter 3. I plan on making more videos of my books, and I will share chapters from them.
NEW! I have uploaded new videos regarding blog entries I've written in this blog. please visit.
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