There is a common saying that says you shouldn’t judge a book by its cover. Despite the fact that a title is what initially attracts a reader to literature, it doesn’t always work this way.
There is no copyright protection for literary titles. Due to the increasing number of readers, book publishing has taken off at a rapid pace. Thousands of books are printed or reprinted every day based on market demand.
There has been a huge demand for books, but not generally for physical books. Print books are in short supply, despite an increase in readers. As a result, most people are switching to online or e-books to meet market demands. Online access to old books is also made possible.
With everything shifting online, engaging and hooking titles are essential. In order to avoid reusing a book title, it is important to understand how to register a book title in India.
What is the difference between a trademark and a copyright?
There are two ways to protect intellectual property: copyright and trademark. There are three types of things that are protected under copyright and trademark law. In terms of trademarks or copyrights, intellectual property is the most sought-after.
It prevents others from copying or using the work. It protects both customers and sellers from illegal products. By bringing transparency to the market, it aims to improve efficiency.
A copyright protects a work from being used without permission. Those who use or copy the work without permission can be sued by the creator.
As opposed to this, trademarks protect the physical attributes of a brand, such as its logo, name, tagline, etc. As a result, the trademarked item is owned solely by the owner and can’t be used by anyone or anywhere else.
What is the role of copyright in book titles?
As book titles contain words that can have multiple meanings, they pose a problem for copyrighting. Words don’t all sound the same, nor do they all mean the same thing.
Thus, copyrighting all titles becomes difficult. Copyright can be granted to certain works, such as Harry Potter. The creator of this name must ally it before using it since it is copyrighted.
There are also cases where the author might have used a certain word differently than someone else might have. As a result, copyrighting book titles becomes problematic.
According to the law, a complete literary work can be protected by copyright, not just the title. Without permission, the entire work cannot be used.
When it comes to protecting book titles, how does trademarking help?
It does not mean that a title cannot be protected. It is possible to trademark book titles so that no one else can use them in a similar manner. The entire title of a book can be trademarked, not a word.
By doing so, you can generate revenue not only from the work itself, but also from by-products such as royalties. A work that inspires other work based on similar ideas and names can generate revenue.
In games, shows, etc., trademarked titles require certain characters to be trademarked. As a result of trademarking, the concept of the character in the work can be solely owned.
Before taking any action, it’s important to do some research. The process will be smoother if this is done. The purpose of this is both to determine if there are similar works on the market and to prevent similar concepts from being used.
By knowing the market, a book title can be trademarked and protected from being copied or used by others.
In conclusion
When choosing a book title, one should consider the following:
- Generic terms cannot be copyrighted,
- A copyright does not mean that a title is trademarked,
- It is possible to copyright an entire work
- There are certain conditions under which trademarks can be used for titles,
- It is possible to trademark a series of books,
- Before choosing a title, do your research.
It is important to know the difference between a trademark and a copyright. On the basis of this understanding, one can decide what to do with their titles.
For a better understanding of one’s issue, one can speak with a Trademarking and Copyright lawyer. Someone who understands the concept will be able to guide you in the right direction.
Read more,
How to Do a Trademark Search for Free?