FAQ

Can my book have the same title as a movie?

Can my book have the same title as a movie?

Yes, you can, but if that other book is well known and a huge commercial success, the other publisher may sue you for trademark infringement. Yes, you can, but if that other book is well known and a huge commercial success, the other publisher may sue you for trademark infringement.

Can a book have the same title as another book?

Titles cannot be copyrighted in the United States. Therefore, two or more books can have the same title. However, if you use a title that is the same or very similar to another book, it makes it hard for your title to stand out. Having an original book title helps your book stand out.

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Can there be two books with the same name?

Yes. It is possible (and quite common) for two or more books to share the same title. It is best to avoid this situation unless you are positive that there won’t be any confusion between the two titles. (Perhaps one title is very old and out of print; or the the two books are on radically different topics.)

Are book names copyrighted?

Book titles are among the list of things that can’t be copyrighted. Titles aren’t considered intellectual property but are only “short phrases,” which are not eligible to be copyrighted.

Can movie titles be copyrighted?

Typically, copyright and trademark law do not protect movie titles. The U.S. Copyright Office does not offer copyright protection for movie titles because, in its view, movie titles lack the “minimum amount of authorship” required for protection (despite the effort many put into finding the perfect title).

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Is it legal to use a book title from another book?

In short, using a title that has previously been used on another book is, more often than not, perfectly lawful. In a relatively rare instance where your title is likely to create confusion with a previously published book, your publisher will likely urge you to adopt a different, safer title — like Nemesis. Posted by Mark Fowler at 9:44 AM

Can I trademark a book or movie title?

Here is where it starts to get complicated. The Patent and Trademark Office (“PTO”) will not register the title of a stand-alone literary work (including a fiction or non-fiction book, song, movie, or video game). But the PTO will register as a trademark a designation for a series of works.

Can I name my book Whatever I want?

Provided the name isn’t also a registered trademark, you should be able to name your book whatever you want. Trademarks (like McDonald’s, Dungeons & Dragons, Walmart) are intellectual property of the one who registers the trademark.

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Do authors want their book titles to be unique?

Authors want their books to have a unique and memorable title. I know a lot of authors who will not even tell anyone the name of a work in progress until it is published because they don’t want anyone to steal their title. It’s easy to understand why authors would feel that way.