I rather like the title of my young adult novel but thought I'd better run a check to find out if it's been used before. It has, back in the early seventies. Where do I stand on this? Can I keep my title or is this copyright infringement? I don't want to step on anyone's toes. Any advice would be helpful.
Using an existing title for a novel
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Titles can't be copyrighted.
If you don't think the the two books are likely to be confused, go for it.
If you don't think the the two books are likely to be confused, go for it.
If it helps how you think of the book and get it written, go for it, even if it was a title that just came out last month.
1. By the time yours sees print, odds are (sadly) that title will be out of print and most people will have forgotten it.
2. There's a chance that the publisher will want to change the title after you sell it.
Any which way, use what you like and worry about the marketing aspect of the book AFTER you've finished it.
1. By the time yours sees print, odds are (sadly) that title will be out of print and most people will have forgotten it.
2. There's a chance that the publisher will want to change the title after you sell it.
Any which way, use what you like and worry about the marketing aspect of the book AFTER you've finished it.
There are seven books called Night Watch--at least half of them are fantasy novels.
There are two books called The Forever War--one fiction and one nonfiction. The author of the fiction one said he thought the nonfiction one was a pretty blatant title rip-off. That said, there's nothing he can do about it.
There are two books called The Forever War--one fiction and one nonfiction. The author of the fiction one said he thought the nonfiction one was a pretty blatant title rip-off. That said, there's nothing he can do about it.
Many thanks to you all for such a quick response. My mind is at rest; I'm sticking with my title.
I have three completed (okay, drafted) novels and am working on a fourth. One title is a duplicate, I wouldn't be surprised if the other two are and as for my WIP, I know for a fact other books have used this title.
It is hard to avoid. I've had a few duplicates and confusing near duplicates. Some times books with similar titles come out at the same time and there is no way of checking that.
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I think this is fine unless your title was used (a) very recently in your own genre or (b) for an absolutely huge book ever. So if you're the eighth book called "Night Watch," that's fine; if you want to call your book "Twilight" or "Shogun" or "For Whom the Bell Tolls," rethink.
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I'm laughing right now because I have the same problem. I have a mss. entitled Blood Moon...and so does just about everyone else, it seems. I've also a trilogy, the first book of which is entitled Out of the Dark, and I know for a fact that in my genre (romance) there are about a thousand Out of the Dark(ness) books out there. Both titles will probably be changed when (if) they sell...but, kinda funny, anyway, that others have the same dilemma, doncha think?
Titles are usually decided by the publisher. Very well known titles may not slide past, you're book probably won't be released with the title Gone With the Wind," but most titles are just titles, and you're fine.
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I doubt that the title of an obscure 1970s novel is trademarked.
But, yeah, you can't call your novel "Star Wars."
Rules of Engagement - Catherine Bush
Rules of Engagement - Elizabeth Moon
Rules of Engagement - Joe Weber
Rules of Engagement - Christina Dodd
Rules of Engagement - Anita Brookner
Rules of Engagement - Peter Morwood
Rules of Engagement - Cheryl Klein
Rules of Engagement - Kathryn Caskie
Rules of Engagement - Bruce Alexander
Rules of Engagement - L.A. Witt
There's more...but I don't have the time.
Rules of Engagement - Elizabeth Moon
Rules of Engagement - Joe Weber
Rules of Engagement - Christina Dodd
Rules of Engagement - Anita Brookner
Rules of Engagement - Peter Morwood
Rules of Engagement - Cheryl Klein
Rules of Engagement - Kathryn Caskie
Rules of Engagement - Bruce Alexander
Rules of Engagement - L.A. Witt
There's more...but I don't have the time.
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There. Changed. You're lucky I didn't put La Witty to reflect just how wonderfully witty the two of you are. Don't tell me...you'll be here until Thursday.
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... titles can't be copyrighted, as stated upstream. Titles of series can be trademarked, though. So that's one thing one has to look out for:
a. Trademark Friendly Title: Series Titles Enjoy Trademark Protection
Generally, titles of works that are part of an ongoing series are protected under trademark and unfair competition law. Once a series title such as Chicken Soup for the Soul becomes identified in the public's mind with a particular author or publisher, unfair competition law kicks in to protect against consumer confusion, enforcing a kind of commercial morality on the marketplace of ideas.
http://www.copylaw.com/new_articles/titles.html
Hmm, ordinary titles may be able to be trademarked, too, under some circumstances. Though highly informative, this article is making my head spin. Is there an attorney in the house to interpret it?
a. Trademark Friendly Title: Series Titles Enjoy Trademark Protection
Generally, titles of works that are part of an ongoing series are protected under trademark and unfair competition law. Once a series title such as Chicken Soup for the Soul becomes identified in the public's mind with a particular author or publisher, unfair competition law kicks in to protect against consumer confusion, enforcing a kind of commercial morality on the marketplace of ideas.
http://www.copylaw.com/new_articles/titles.html
Hmm, ordinary titles may be able to be trademarked, too, under some circumstances. Though highly informative, this article is making my head spin. Is there an attorney in the house to interpret it?
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You don't want to trick the readers into believing your novel is actually another one they heard about. You might want to, but from my point of view it's unethical, so while there's nothing stopping you from calling your vampire novel "Twilight", I'd recommend against it. Pretty much the same with "Night Watch" but in the back of my head, there's mention of an epic novel with this name that makes using this title seem presumptious to say the least.
If the title is used by a little known author, just go for it.
Side note: I've tried finding certain books and films nearly impossible because of google noise when someone chose something to similar to an existing name. Try looking up something called "James" or "I Dream" and you'll see what I mean. Avoiding titles that don't google well is a good idea.
If the title is used by a little known author, just go for it.
Side note: I've tried finding certain books and films nearly impossible because of google noise when someone chose something to similar to an existing name. Try looking up something called "James" or "I Dream" and you'll see what I mean. Avoiding titles that don't google well is a good idea.
One of the first things new readers notice about a book is a title. If six other books have your title, you may want to rethink it.
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Yes.
But if one other book, 40 years ago, had your title, there's nothing to worry about.
word! I'm a huge fan of Catherine Bush...from her earlier novel Minus Time. I had a hard time tracking down the correct Rules of Engagement. I definitely wouldn't want to have a novel out there with such an overused title. For various reasons.
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