Title Question

Status
Not open for further replies.

smiley10000

What do we do? We write...
Super Member
Registered
Joined
May 18, 2006
Messages
418
Reaction score
92
Location
east of here and west of there
I didn't know where to put this, so I thought I would try here...

My Grandmother published her memoirs in 1981 with a small Canadian publisher. We just discovered that a book has been published this past year on the same subject matter with the IDENTICAL TITLE.

Is this allowed?

Just thought I'd check if I should make a stink...
:Shrug:10000
 
Joined
Aug 7, 2005
Messages
47,985
Reaction score
13,245
There's a copyright on books, but not on titles. There are many, many books out there with the same title.

However, if it's the same subject matter I'd look into the matter more closely. It would be difficult to prove anything, though, as like I said, there's no copyright on titles.
 

Tallymark

Super Member
Registered
Joined
Oct 30, 2006
Messages
259
Reaction score
48
Nope, you can't copyright a title. Otherwise, the world would have run the gamut of most reasonable (or concise) titles a long time ago! If its a very distinct sounding title ("Catching Black Fireflies at Dawn" as a made-up example, as opposed to something generic like "Dragon's Flame" or "The Killing"), the editor may be opposed to repeating the title, but I think they can if they wanted to, and after over twenty years I don't think they'd have any hesitations. I think that while a title can't be copyrighted, if the book is really big and sort of becomes a franchise, I think it can be trademarked--y'know, like you can't name your book "Harry Potter and _____" (unless it's a guide to Harry Potter). I could be wrong about the trademarking though, I just remember seeing that the Wheel of Time series was trademarked, and assumed that it applied in other places. That shouldn't apply to what you're talking about though.
 
Last edited:

smiley10000

What do we do? We write...
Super Member
Registered
Joined
May 18, 2006
Messages
418
Reaction score
92
Location
east of here and west of there
Thanks everyone! That's what I thought but I want to check it out.

It just struck me as odd that they would use the exact same name... hmmm...

:Shrug:10000
 

Maryn

Baaa!
Staff member
Super Moderator
Moderator
Kind Benefactor
Super Member
Registered
Joined
Feb 12, 2005
Messages
55,638
Reaction score
25,781
Location
Chair
Smiley, flip through one of those fat paperbacks that list movies some time. There's an amazing amount of title duplication (other than remakes where it's on purpose). I'm sure it's the same with books.

Maryn, hoping nobody steals Carl's Bad Tavern before she writes a novel to go with it
 

MidnightMuse

Midnight Reading
Kind Benefactor
Super Member
Registered
Joined
May 23, 2006
Messages
8,424
Reaction score
2,554
Location
In the toidy.
I promise not to steal that, if you don't take my book on night goggles and voyerism titled: Glad It's Night and the Peeps :D
 

Maryn

Baaa!
Staff member
Super Moderator
Moderator
Kind Benefactor
Super Member
Registered
Joined
Feb 12, 2005
Messages
55,638
Reaction score
25,781
Location
Chair
I'm sorry, but I stole it the moment I saw it. I had to, because I love it so.

Maryn, who'd do anything for love--well, almost anything
 

Sean D. Schaffer

Super Member
Registered
Joined
Nov 18, 2006
Messages
4,026
Reaction score
1,433
smiley10000 said:
I didn't know where to put this, so I thought I would try here...

My Grandmother published her memoirs in 1981 with a small Canadian publisher. We just discovered that a book has been published this past year on the same subject matter with the IDENTICAL TITLE.

Is this allowed?

Just thought I'd check if I should make a stink...
:Shrug:10000


I've seen books with identical titles before. One couple books that I remember were both entitled The White Dragon. One was an Anne McCaffrey book from her Dragonriders of Pern series, and the other, well, I don't even remember the author's name. I just know I was surprised to see this phenomenon in the local library.
 

Tracy

Super Member
Registered
Joined
Feb 9, 2006
Messages
348
Reaction score
107
Location
Ireland
It's a good idea, before you choose a title, to do a quick search for it. If it has been used recently then maybe think of another title. Not for copyright reasons, but for branding reasons.

(This doesn't apply to the original point, of course! But just thought I'd mentiion it.)
 
Status
Not open for further replies.