Copyright laws etc.

jennifer75 · Aug 14, 2007

Being that it will take me who knows how long to finish my WIP....I have the title already decided. What happens if the time comes to send in my manuscript and there is a published work with the same title!?

Can I copyright my title now? Do you know anything about that kind of stuff? Who do I call first?

blacbird · Aug 14, 2007

Titles cannot be protected by copyright. Period. Don't worry about it. First, you need to get the thing written. Right now, nothing else matters.

caw

Esopha · Aug 14, 2007

Don't copyright it.

If and when you get an agent and a publisher, the publisher will:

A) Probably change the title
And B) Send out for the copyright.

Of course, it may be the agent who sends out for the copyright. I'm working from what I've read on this site, and my memory is a little faulty today.

But, sending out copyrighted work to agents/publishers reeks of amateurism. Don't do it!

blacbird · Aug 14, 2007

Addendum: There are numerous threads, some quite recent, addressing copyright issues, and unless I'm disremembering with erroneous incorrectitude, an FAQ about copyright, too.

Key point you'll find reiterated many times here: Your work is protected by copyright from the moment it is produced in a tangible form (outside your head). You can register your copyright, for a moderate fee, with the U.S. Copyright office (assuming you're in the U.S., of course), but there's really no reason to do that. If and when you get the work accepted by a publisher, the publisher will take care of copyright registration.

Now go write.

caw

maddythemad · Aug 14, 2007

Esopha, you can't copy titles. That being said, if you call your book Harry Potter and the Deathly Hallows you can get sued for misrepresentation, because you're obviously trying to fool people into thinking your book is something else.

jennifer75 · Aug 14, 2007

Thanks guys/gals/cats.

Esopha · Aug 14, 2007

maddythemad said:
Esopha, you can't copy titles.

You learn something new everyday. Thanks.

jennifer75 · Aug 14, 2007

Esopha said:
Don't copyright it.

If and when you get an agent and a publisher, the publisher will:

A) Probably change the title
And B) Send out for the copyright.

Of course, it may be the agent who sends out for the copyright. I'm working from what I've read on this site, and my memory is a little faulty today.

But, sending out copyrighted work to agents/publishers reeks of amateurism. Don't do it!

But I don't want them to change my title! My title was fantastically decided and it fits perfectly! It is the core of my story!

Anonymisty · Aug 14, 2007

jennifer75 said:
But I don't want them to change my title! My title was fantastically decided and it fits perfectly! It is the core of my story!

If it's that good, dear, they might not change it. I turned in my manuscript with its working title, and the publisher liked it enough to keep it.

Unfortunately, though, you never know. Title changes are decided in large part by the marketing department's opinions.

jennifer75 · Aug 14, 2007

Anonymisty said:
If it's that good, dear, they might not change it. I turned in my manuscript with its working title, and the publisher liked it enough to keep it.

Unfortunately, though, you never know. Title changes are decided in large part by the marketing department's opinions.

I don't know what's better, the title or my WIP! lol.

Anonymisty · Aug 14, 2007

jennifer75 said:
I don't know what's better, the title or my WIP! lol.

There you go! Nothing like believing in your work! Good for you! ;D

Jamesaritchie · Aug 15, 2007

Title

jennifer75 said:
But I don't want them to change my title! My title was fantastically decided and it fits perfectly! It is the core of my story!

Odds are fairly high that the title will get changed, no matter how much you like it. The writer's idea of a great title is not always the same as the marketing department's idea of a good title.

At any rate, worry about selling the book first.

blacbird · Aug 15, 2007

Jamesaritchie said:
.At any rate, worry about selling the book first.

In this particular case, worry about selling the book second.

Worry about writing it first.

caw

Joe Moore · Aug 15, 2007

jennifer75 said:
But I don't want them to change my title! My title was fantastically decided and it fits perfectly! It is the core of my story!

A book title does not fall under copyright protection. Only the contents of the book. There are many books by the same title.

Agents do not get involved with copyrights, only publishers. And once you sign a publishing contract, the final title will be decided by the publisher. That's not to say they might use your working title, but don't count on it.

Jamesaritchie · Aug 15, 2007

Book

blacbird said:
In this particular case, worry about selling the book second.

Worry about writing it first.

caw

Excellent point.

wayndom · Aug 18, 2007

jennifer75 said:
But I don't want them to change my title! My title was fantastically decided and it fits perfectly! It is the core of my story!

Years ago, I wrote a vampire novel. About halfway through, I decided the perfect title was, To Die For. Then I saw TV ads for the Nicole Kidman movie of the same name. Although it was a big movie, I figured my novel wouldn't be published for at least a year, so I could probably still use the title (since I already knew titles can't be copyrighted).

Then, in my neighborhood video store, I saw another movie titled, To Die For. It was a vampire story.

I named my novel, Nightlife.

wayndom · Aug 18, 2007

Joe Moore said:
A book title does not fall under copyright protection. Only the contents of the book. There are many books by the same title.

Agents do not get involved with copyrights, only publishers. And once you sign a publishing contract, the final title will be decided by the publisher. That's not to say they might use your working title, but don't count on it.

I'm published, and I've never heard of a publisher deciding on the title (except in foreign-language publishing -- my Norwegian publisher changed Thor to "Terror alarm" or something like it, in Norwegian*).

My agent once suggested another title for Thor, but made it clear that it was my decision, and I stuck with my choice.

I can't imagine that a publisher would like a book enough to publish it, but only on condition that it have a different title -- unless there was something wrong with the original title.

Anyone else ever encounter this?

*Friktens Voktor, as I recall...

Deleted member 42 · Aug 18, 2007

Publishers re-title, and ask authors to re-title all the time.

It's exceedingly common.

Dave.C.Robinson · Aug 18, 2007

wayndom said:
Years ago, I wrote a vampire novel. About halfway through, I decided the perfect title was, To Die For. Then I saw TV ads for the Nicole Kidman movie of the same name. Although it was a big movie, I figured my novel wouldn't be published for at least a year, so I could probably still use the title (since I already knew titles can't be copyrighted).

Then, in my neighborhood video store, I saw another movie titled, To Die For. It was a vampire story.

I named my novel, Nightlife.

Rob Thurman wrote a novel called Nightlife. It was pretty good, too.

wee · Aug 18, 2007

blacbird said:
Titles cannot be protected by copyright. Period.

Oh, yes, and don't we know it.

One of our favorite shows ever is being copied, in name & in subject, for a really stupid-looking movie featuring our least-favorite actress ever. We are completely scandalized.

Boooo.

(we being my SO & me; not the Queen's we)

we wee & wee we

PS - But thank goodness titles can't be copyrighted, because otherwise books would start to have really bizarre titles & all the teenie-bopper-angst songs would run out of names for themselves, and society would descend into chaos.

Wow, it is time for bed.

JLCwrites · Aug 18, 2007

blacbird said:
Key point you'll find reiterated many times here: Your work is protected by copyright from the moment it is produced in a tangible form (outside your head). You can register your copyright, for a moderate fee, with the U.S. Copyright office (assuming you're in the U.S., of course), but there's really no reason to do that. If and when you get the work accepted by a publisher, the publisher will take care of copyright registration.

Thanks for the info. I was wondering about that.

Jamesaritchie · Aug 19, 2007

wayndom said:
I'm published, and I've never heard of a publisher deciding on the title (except in foreign-language publishing -- my Norwegian publisher changed Thor to "Terror alarm" or something like it, in Norwegian*).

My agent once suggested another title for Thor, but made it clear that it was my decision, and I stuck with my choice.

I can't imagine that a publisher would like a book enough to publish it, but only on condition that it have a different title -- unless there was something wrong with the original title.

Anyone else ever encounter this?

*Friktens Voktor, as I recall...

Your agent has nothing to do with titles. No agent has any input with titles. Publishers always have the final say on title. . .unless you're a truly big time, famous writer. The title isn't about the contents of the book, it's about marketing that book.

If you come up with a title the publisher thinks fits the book, and a title the publisher thinks is marketable, they'll leave it alone. Otherwise, they'll insist on a change.

Having the publisher, or the marketing department, change the title is extremely common, and it's not at all a bad thing. Writers need to concentrate on what's between the covers, and allow marketing to concentrate on what goes on the cover.

The same is true of cover art. Many writers want to have the final say on cover art, and it just isn't going to happen very often at all.

Copyright laws etc.

jennifer75

SupahStah!

blacbird

Esopha

bam pow zap.

blacbird

maddythemad

jennifer75

SupahStah!

Esopha

bam pow zap.

jennifer75

SupahStah!

Anonymisty

jennifer75

SupahStah!

Anonymisty

Jamesaritchie

blacbird

Joe Moore

Jamesaritchie

wayndom

wayndom

Deleted member 42

Dave.C.Robinson

... with the High Command

wee

just a little

JLCwrites

Jamesaritchie