Title Laws

Guido

Is there a site available for authors to investigate whether the title they want to use for their new novel is already published by another author? If not, what's the typical protocol recommended as to avoid any legal pitfalls?

Thanks!:)
 

Elodie-Caroline

Banned
Flounced
Joined
Oct 6, 2006
Messages
1,021
Reaction score
186
Website
elodie.the.writer.tripod.com
I guess if you write your title into a search box, it will show something or other whether it's already been used or not.
But titles of books and songs aren't copyrighted. My own book is the name of a song from the early 1980s.


Elodie
 

Marlys

Resist. Love. Go outside.
Super Member
Registered
Joined
Feb 23, 2005
Messages
3,584
Reaction score
979
Location
midwest
I check potential titles on Amazon to see if they've been used recently. But that's to avoid confusion over similar titles, not for legal reasons--Elodie-Caroline is right, titles aren't copyrighted.
 

Tsu Dho Nimh

Super Member
Registered
Joined
Sep 2, 2006
Messages
1,534
Reaction score
248
Location
West Enchilada, NM
It has happened that different publishers have released books with the same title at the same time: "Forbidden" was one that came out as a historical romance and a comtemporaty romance within weeks of each other.

Avoid the really well-known ones and check Amazon, to avoid confusing the readers, but there are no legal reasons not to use "Gone with the Wind".
 

giftedrhonda

Gifted Goofball
Super Member
Registered
Joined
Dec 28, 2006
Messages
627
Reaction score
102
Exactly. I check Amazon to make sure it's either not widely used or not used at all.
 

aka eraser

Fish Whisperer
Kind Benefactor
Super Member
Registered
Joined
Feb 11, 2005
Messages
6,795
Reaction score
1,732
Location
Gone around that next bend.
Website
www.frankbaron.com
Unless you're self-publishing, chances are the title you like won't appear on the book anyway. Most publishers want the final say on a title after their marketing gurus study the innards of a few chickens, mutter incantations and throw darts at a list of the finalists.