I am not actually looking to use
a title that has been used before, but what if I did? What if I thought
that a title already given to a story was also perfect for my work? Or perhaps someone used a title and somehow I fail to discover this coincidence?
Although I am not an intellectual
property lawyer (I focus on the much more exciting area of tax law....) I do
know the answer to this one.
Like ideas, names, and
slogans, titles are not protected by U.S. copyright laws - which is why you may
find that certain books share the same title.
Copyright protection,is generally
available only if a work possesses “a significant amount of original
expression.” While “a significant amount of original expression” has not
been specifically defined for this purpose, courts have found that expressions
as short as book titles lack the required amount of original expression and
cannot receive copyright protection.
However, while copyright laws
will not protect a title, trademark laws may.
The U.S. Patent and Trademark
Office has declared that a trademark protects words, phrases, symbols or
designs that identify the source of the service or good offered by one party -
in effect allowing a word or phrase that is a recognizable "brand"
(think Twilight) to receive trademark protection.
Thus, while you are not going to
be able to title your next vampire teen series "Twilight" (why you
would want to is another matter), calling it "One More Bite" is not
going to violate any laws (but would make an awfully boring and predictable
title).
Any titles that are taken that
you would have loved to use?
