I have a question

... about copyrights or trademarks and how tightly they are protected.

For example, say someone writes a book, and they wish to title the book exactly like the title of an already existing music album. Would this be actionable? I know a book is fundamentally different from a music album, but it still involves intellectual property. Does the author have a leg to stand on if the album-maker decides to sue? Who would be at fault, the author, or the publishing house that allowed it to go through?

@suzianne said
... about copyrights or trademarks and how tightly they are protected.

For example, say someone writes a book, and they wish to title the book exactly like the title of an already existing music album. Would this be actionable? I know a book is fundamentally different from a music album, but it still involves intellectual property. Does the author have a leg to stand o ...[text shortened]... s to sue? Who would be at fault, the author, or the publishing house that allowed it to go through?

I know that 2 albums can have the same name,John Coltrane & The boo radleys GIANT STEPS/The Cure & George Michael FAITH, probably many more, but it suggests that they cant be copywriten. hope this helps.

@david-burton said
I know that 2 albums can have the same name,John Coltrane & The boo radleys GIANT STEPS/The Cure & George Michael FAITH, probably many more, but it suggests that they cant be copywriten. hope this helps.

I love Coltrane's Giant Steps. I play it often. Never heard of the other.

Maybe that's the lesson? I dunno.

@suzianne said
... about copyrights or trademarks and how tightly they are protected.

For example, say someone writes a book, and they wish to title the book exactly like the title of an already existing music album. Would this be actionable? I know a book is fundamentally different from a music album, but it still involves intellectual property. Does the author have a leg to stand o ...[text shortened]... s to sue? Who would be at fault, the author, or the publishing house that allowed it to go through?

As far as I know song titles and album titles cannot be copyrighted. I think this is a the same for book titles and character names etc. If correct, and I’m pretty sure it is, then these are not classed as “intellectual property”.

A quick search on a few trademark/copywriter legal sites should help you further.

@suzianne said
... about copyrights or trademarks and how tightly they are protected.

For example, say someone writes a book, and they wish to title the book exactly like the title of an already existing music album. Would this be actionable? I know a book is fundamentally different from a music album, but it still involves intellectual property. Does the author have a leg to stand o ...[text shortened]... s to sue? Who would be at fault, the author, or the publishing house that allowed it to go through?

Be aware that there is a difference between copyright and trademark. A title cannot be copyrighted, but can be trademarked.

https://www.writersdigest.com/copyrights/can-you-copyright-a-title

I would advise against trying to publish a very well-known and probably trademarked title, such as Harry Potter and the Philosopher's Stone or Huckleberry Finn.

@moonbus said
Be aware that there is a difference between copyright and trademark. A title cannot be copyrighted, but can be trademarked.

https://www.writersdigest.com/copyrights/can-you-copyright-a-title

I would advise against trying to publish a very well-known and probably trademarked title, such as Harry Potter and the Philosopher's Stone or Huckleberry Finn.

What would you advice if the title is manipulated into something like this?
Harrison Potter and Plato's Rock.

@david-burton said
I know that 2 albums can have the same name,John Coltrane & The boo radleys GIANT STEPS/The Cure & George Michael FAITH, probably many more, but it suggests that they cant be copywriten. hope this helps.

For a farmer you have quite a music and literature culture...Kudos.

Giant steps are a leap of faith, to kill a mockingbird. Or more than one; the cure for everyday paranoia and delusion. Small everyday changes to make a big difference.

@suzianne said
... about copyrights or trademarks and how tightly they are protected.

For example, say someone writes a book, and they wish to title the book exactly like the title of an already existing music album. Would this be actionable? I know a book is fundamentally different from a music album, but it still involves intellectual property. Does the author have a leg to stand o ...[text shortened]... s to sue? Who would be at fault, the author, or the publishing house that allowed it to go through?

What is the title of the book you are writing?

@pettytalk said
What is the title of the book you are writing?

I fear to expose it here, as the walls have ears.

@suzianne said
I fear to expose it here, as the walls have ears.

Hey you! with the ears against the walls.

If you use the word fear, those on the other side of the walls, listening, will hear an echo, and will make it out to be everyday paranoia.

@suzianne said
I fear to expose it here, as the walls have ears.

You haven’t written it yet.

@divegeester said
You haven’t written it yet.

Do you get people to help you out with your posts?

Ohhhh, wait...

@divegeester said
You haven’t written it yet.

Its progress in on the back burner for now, I have other stuff to write up right now.

But the title is in.

@moonbus said
Be aware that there is a difference between copyright and trademark. A title cannot be copyrighted, but can be trademarked.

https://www.writersdigest.com/copyrights/can-you-copyright-a-title

I would advise against trying to publish a very well-known and probably trademarked title, such as Harry Potter and the Philosopher's Stone or Huckleberry Finn.

Research is the order of the day.

@suzianne said
Do you get people to help you out with your posts?

Ohhhh, wait...

Can’t see what you are having “fear” about. You haven’t written whatever book this is yet.