I've found my perfect title and it's taken
- Thread starter MonaLeigh
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I'm pretty sure that titles aren't trademarked, so it would be allowable. However, it might be a bad idea, as people would get them mixed up. You shouldn't worry anyway--titles almost always change at the hands of the editor 
Hey, big-budget movies have the same titles and there's no deal. And yes, the editor may have a big, "But wait! I have a BETTER idea!" moment.
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You certainly may use it if you want.
But if it's a very recent title, or esp a title in your own specific genre, or a famous title, it's a bad idea and the publisher's marketing dept will nix it.
I had that happen to me -- except I was the one who discovered that a book in my genre was coming out from a different publisher at exactly the same time with exactly the same title, so there was some scrambling that went on to change it.
But if it's a very recent title, or esp a title in your own specific genre, or a famous title, it's a bad idea and the publisher's marketing dept will nix it.
I had that happen to me -- except I was the one who discovered that a book in my genre was coming out from a different publisher at exactly the same time with exactly the same title, so there was some scrambling that went on to change it.
Titles in general can't be copyrighted, but some can be trademarked (usually series titles).
From a marketing point of veiw avoid reusing a title from your genre (For example don't use 'The Magician' if you are writing fantasy, but it would be alright for a romance). Don't use a popular or well known title (Twilight, The Da Vinci Code ect).
Publishers tend to take rights to decide 'everything on the outside of the book' in contract. The title and cover affect sales quite strongly, if they deem your title to similar they will change it anyway.
From a marketing point of veiw avoid reusing a title from your genre (For example don't use 'The Magician' if you are writing fantasy, but it would be alright for a romance). Don't use a popular or well known title (Twilight, The Da Vinci Code ect).
Publishers tend to take rights to decide 'everything on the outside of the book' in contract. The title and cover affect sales quite strongly, if they deem your title to similar they will change it anyway.
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... nope. Titles aren't eligible for coyprights, except if they're for a series of books I believe, in which case they can be trademarked. Harry Potter would be a series, I suppose, so that title is out if it has been trademarked as it probably has.
What about my epic tale of big cat hairdressers on the Savannah entitled Mane Clamp?
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(sorry for the derail, lisamarie...)
...or my fanfic about the Royal Family at their farm retreat: "Thus Spake Zara's Rooster"...
...or my fanfic about the Royal Family at their farm retreat: "Thus Spake Zara's Rooster"...
Yes, apologies for the derail. I'll get on with my tale of Geordie perverts roaming the North of England.
It's called "Divven't Cop-a-feel."
It's called "Divven't Cop-a-feel."
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Titles are not copyrighted (unless they're trademarked, such as Jurassic Park).
However, if you're going to title your book Catcher In the Rye or A Clockwork Orange, you're probably going to have some problems... especially if it's the same genre or subject matters...
However, if you're going to title your book Catcher In the Rye or A Clockwork Orange, you're probably going to have some problems... especially if it's the same genre or subject matters...
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I wanted to write a novella about one particular adolescent. But I was worried people might get confused about "The Specific Pre-Teen"....
I'd love to stop and chat but it's late, I'm tired...and before I get some sleep I'd like to read another chapter of Emily Bronte's last work. A novel about a woman who's allergic to bugs and takes revenge on the entire insect kingdom, killing them one by one.
It's called Smothering Mites.
It's called Smothering Mites.
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G'night, then - I'm off to savor the next few chapters of Vikram Seth's hypothetical Jungle Book, wherein Mowgli gets a job in a restaurant in a wildlife park -- it's called A Zoo Tableboy.
I wouldn't worry about it too much. As long as it's not "Harry Potter and the Hobbit of Gotham City" you should be fine.
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I'm sure your (future?) agent and or editor will be able to help you with that decision, but I bet there are hundreds of repeat titles out there. "Twilight" might be a deal breaker though...
"The Gargoyle" stole my title. These things happen.
"The Gargoyle" stole my title. These things happen.
Something else to consider with using "used" titles.
I was hoping to use Elsewhere as a prospective title in a query, but Googled it just in case. Turns out there was a book published in '05 by that title in the same genre (and decently popular), but somehow I'd never heard of it.
If I use that title in a query, not only is certain to be changed should the book reach publication, but any agent who reads it might assume I'm not familiar with recent books in the genre.
I do, however, call dibs on Tequila Mockingbird and Jane Eyre: Vampire hunter.
I was hoping to use Elsewhere as a prospective title in a query, but Googled it just in case. Turns out there was a book published in '05 by that title in the same genre (and decently popular), but somehow I'd never heard of it.
If I use that title in a query, not only is certain to be changed should the book reach publication, but any agent who reads it might assume I'm not familiar with recent books in the genre.
I do, however, call dibs on Tequila Mockingbird and Jane Eyre: Vampire hunter.
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I'm just finishing up a non fiction book about the vanishing culture of Scandinavian reindeer herders:
The Last Lapp -- The End Of A Race
The Last Lapp -- The End Of A Race
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OMFG I want to write this haha!
Scarlet, you and the poet have me looking like an idiot chuckling at work. Those are awful. Absolutely hilarious, but awful.
so?
titles are not subject to copyright.
And unless the publisher you sign with has a book published with teh same title, or the title is so well known that it's in the public consiousness then I can't see it being an issue
titles are not subject to copyright.
And unless the publisher you sign with has a book published with teh same title, or the title is so well known that it's in the public consiousness then I can't see it being an issue
We iz teh genius!OMFG I want to write this haha!
Scarlet, you and the poet have me looking like an idiot chuckling at work. Those are awful. Absolutely hilarious, but awful.
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