Wednesday, October 4, 2023

Can You Copyright Titles, Names and Slogans?

 


What can be copyrighted?


Recently an author published her book called Chandra’s Quest. I can’t believe the shock I felt. Yes, I was a bit irked by the fact that someone else used the same title as my book but upon looking up the copyright rules, well here is what I found:

Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. In general, book titles are not eligible for copyright protection. The U.S. Copyright Office views book titles as “short slogans,” not intellectual property. The underlying theory to this notion is that there may be other instances where the same or a similar title is equally appropriate.


Yes, it’s true even though an author copyrights their written work, it doesn’t mean the author owns the rights to the title, and names in the book. Slogans & short phrases is different and might be protected by trademark. 


The difference between the Chandra's Quest by Barbara A. Miller and my book is that they both are of different genre. My Chandra's Quest is sci-fi/fantasy, Miller's book is general fiction/romance. I read a few pages from the sample book, it seems to be a western type of romance book. 


After I revised, In the Company of Elves, I published it on KDP. A few years later another author published her book using the same title. However she did write a fantasy book much like my book but there are significant differences between the two. 

I copyright my books with the Copyright Office so I am not worried. Bottom line is that names & titles are not copyrighted even if the author sent their manuscript to the copyright office. 


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