Question on copyrighting the title of my book or DVD

Discussion in 'Legal Issues' started by Davey Crocket, Aug 1, 2007.

  1. #1
    I am going to be coming out with some information products and had a question on copyrighting the title of my book or DVD.

    i.e. You have all heard of a book called "Think and Grow Rich"
    Can I create a book titled Build and Grow Rich" and not get sued.

    Another example is a DVD video called "Stomping the Search Engines"
    Can I create a DVD called "Squashing the Search Engines"

    Would either of these titles be in violation of the original copyright?....because I am only changing one word.
    Any suggestions and answers are appreciated!
     
    Davey Crocket, Aug 1, 2007 IP
  2. klimt

    klimt Peon

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    #2
    I am not a lawyer and could very well be wrong.

    Names and titles are not subject to copyright and therefore you'd be free to use those titles if they don't violate any trademarks.
     
    klimt, Aug 1, 2007 IP
  3. CynProWeb

    CynProWeb Peon

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    #3
    I do believe you are correct in this (But then again, I'm also not a lawyer) however if the company that owns the other titles feels your intentionaly attempting to decieve buyers into confusing the two books, or if they believe your trying to pass yours off as the same title that can come after you.

    There is a case going on right now between singer Bon Jovi and an energy drink called My Jovi. Aparently Bon Jovi believes the manufacturer of the drink is trying to profit of Bon Jovi's name and wants the title changed. The drink makers rebuttle - his girlfrinds name is Jovina (Nick name Jovi), so he called the energy drink My Jovi
     
    CynProWeb, Aug 1, 2007 IP
  4. Sleepy_Sentry

    Sleepy_Sentry Well-Known Member

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    #4
    In the OP's particular instance, trademark law falls into place, not copyright law. You cannot copyright titles or names, but they may be trademarked.

    Since in your particular example both titles are very generic, I think it would be hard for the other party to prove you obtained their title from their works. The title "Squashing the Search Engines" is something anyone could come up with without ever knowing about "Stomping the Search Engines"

    If your books were a spoof, then there would be absolutely no reason why you couldn't use those titles. As for using them for works related to the ones where you got your title ideas from, I think you could get away with it. If you have any decent amount of time or money put into this project, you would be well advised to ask an attorney or simply come up with original titles.
     
    Sleepy_Sentry, Aug 2, 2007 IP