I am in the process of naming a book. Is it possible for a name to be illegal to use because it was once the?

name of a TV series and a song? How do I find out? Can names be trade marked or copyrighted? Thank you for helping.

I am in the process of naming a book. Is it possible for a name to be illegal to use because it was once the?
Youll probly have to get ahold of the publisher or whoever is in charge of copywriting the show or song. Don't wanna get sued...that would be bad.
Reply:I don't think using a title is illegal. If you look at the list of books in print, you will see the same titles repeated.


I found out that after I had published a novel that there was another with the same name.
Reply:Titles can be trademarked, but not copyrighted. Check to find out whether the title is trademarked before you assume you can use it. Go to http://www.uspto.gov/ to find out if your title has been trademarked.





Remember, though: if you use a title that has already been used, you may stir up unwanted resonances. Just as a suggestion, imagine you wanted to call a book "The Dukes of Hazzard." Even if your book has nothing to do with that TV series, your readers will carry that notion as baggage the whole time you're reading.





So as long as a title is not trademarked, it should be available for you to use. But that doesn't mean you should; it would be better to come up with something that isn't carrying so much baggage.
Reply:It is not inherently illegal, but I would advise doing thorough research to see if another book, movie, etc. has the same title. Obviously if you use a title that is already in use and have very similar material, you might be opening yourself up for a potential lawsuit. You can always put a disclaimer in the book (which most publishers do anyway) that says something like "This is a work of fiction. Names, characters, places and incidents are products of the author's imagination or are used fictitiously and should not be construed as real. Any resemblance to actual events, literary works, locales, organizations or persons, living or dead, is entirely coincidental." That way you are covered. When in doubt, ask a publisher.
Reply:Apply for a copyright on the name, and the copyright division will find out for you. If you get the copyright, you are home free.





Many times, after so many years, names and such become free of copyright infringement restrictions.





Darryl S.
Reply:I don't think using a previously used title is illegal. For example, I was looking for any books with the same name as a book I'm working on and found a book already using that name. Since the other book was a sort of "guide" to northeastern Vermont, I can probably use the title safely, but I'd still check before submitting to a publisher.





I think titles in movies are guarded more jealously. For instance, when the film, "Blade Runner" was made, they didn't want to use the title of the book on which it was based ("Do Androids Dream of Electric Sheep", by Philip K. D**k), so they used the "Blade Runner", only to find out they had to pay royalties or a fee for the use of THAT name, since it was the title of some other sci-fi book about doctors in a post-apolyptic world. So they paid twice.





People above make a good argument for not having possible negative associations with previously used titles. One technique for getting titles is to use famous quotes, or commonly known phrases, but with a twist. Many legal thrillers use names found in legal terminology, such as "Presumed Innocent" or "Disclosure".





Many people use biblical or mythological quotes, or lines from poems or songs, such as "A Time to Kill". There are many sites on the web devoted to famous quotes. Check out those.





I like titles that use the names of people or places, like "Lolita", "Dolores Claiborne", "Mystic River" and so on.





Good luck!
Reply:There are many books, movies, etc. with the same titles. Just look in a big video catalog, eg. the one from movies Unlimited with 40,000 titles. I wrote a story years ago and originally titled it "Framed", but that seemed lame, and I saw other stories with that title. I thought of a new title that I found more clever and original, "Guilty Until Proven Innocent". Just a few days before I sent my book to the copyright office, a TV movie with my title was aired. It was too late for me to change the title without much reworking, e.g. new cover, etc., so I just kept the title, since one cannot copyright it.