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Jean   Murray

Can a Book Title be Copyrighted?

By April 21, 2010

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I am in the process of writing a book and I want to use a title that I know has been used before, so I started checking to see if I could use that title.  I found out that the short answer to this question about copyrighting a book title is, "Generally, No." You cannot copyright a book title.  The U. S. Copyright Office does not typically allow someone to copyright a book title because titles are not considered intellectual property, but are only "short slogans," which are not eligible to be copyrighted.  The Copyright Office doesn't want titles to be restricted to one book; there may be other works in which the title may be equally usable and appropriate.

For example, McGraw Hill published a book titled PT 109: John Kennedy in World War II, and they attempted to bar Random House from publishing a book titled John F Kennedy & PT 109.  The Court found that the words "PT 109" and "John Kennedy" were descriptive or generic terms and therefore not able to be copyrighted.

You Can Trademark a Title

Even if you can't copyright a book title, you can register the title as a trademark.  For example, "Chicken Soup for the Soul" is a registered trademark, as is the "Dummies" series of books.  In another example, Fox News trademarked the term "Fair and Balanced" in 1998,  but they can't stop someone from using that term in a book title, as Al Franken did in his book: Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right. 

Search for Trademark or Copyright

If you want to see if a title has been trademarked, you can use TESS, the online search at the U.S. Patent and Trademark Office.  Then you can start the trademark process.  Yes, you can do it yourself, but it's better to have an intellectual property attorney help you.  I've done it both ways and found that an attorney who is familiar with trademarks can considerably improve your chances of getting the trademark through the process more quickly and easily.

For More Information

All About Copyrights

All About Trademarks and Service Marks



Comments
November 23, 2012 at 4:25 am
(1) Tiffany K. says:

Thank you so much for the advice! Just what the doctor ordered! :)

March 18, 2013 at 5:07 pm
(2) Richard says:

slightly different question. I saw a book title that encourged me to write a song. Can I use the book title as a song title? Or as part of a lyric?
thx

March 18, 2013 at 5:13 pm
(3) Richard says:

I saw a book title and it gave me an idea for a song. Can I use someone else’s book title as my song title? Or is it protected from that?

May 29, 2013 at 9:27 pm
(4) Andrew says:

Yes Richard, you can use a title as part of a song lyric or the title of a song itself. If you wanted to write a song called, “Any Given Sunday” with a lyric such as, “We fought hard and we fought with pride/but on any given Sunday we put our battles aside,” you could write that as well.

August 5, 2013 at 12:24 am
(5) Ravi says:

Hi, Can the title of my article be the same as the title of a book?

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