titles of dissertations and books cannot be copyrighted

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What’s not protected: copyright for fiction authors.

In celebration of National Novel Writing month , Authors Alliance is pleased to bring you resources and information about copyright issues of interest to fiction authors. In this post, we will go over some of the elements of fiction writing that simply do not qualify for copyright protection. Later this month, we delve into a discussion of the copyrightability of characters in literary works and survey issues in fair use that are relevant to fiction writers . 

It is a basic tenet of copyright law that some things are simply outside of copyright protection. These are often referred to as uncopyrightable subject matter. There are a few a bright line rules in the United States⁠—for example, that titles of literary works, slogans, and lists of ingredients cannot be copyrighted⁠—but outside of these principles, things become a bit more complicated.

Categories of uncopyrightable subject matter affecting fiction writers are ideas, themes, and scènes à faire. These concepts are closely related, and the overarching justification for excluding them from copyright protection is that they are simply too general and standard to a particular genre or convention for an individual creator to be granted a temporary monopoly on them—which is what copyright provides. 

Ideas and Themes

Ideas and themes cannot be copyrighted, although the expression of a particular idea or theme can be. In other words, when a fictional work involves a particular concept, a later work’s use of this concept cannot form the basis of an infringement claim, though copying the words used to express the idea or theme could constitute infringement. 

In Williams v. Crichton , the author of a series of children’s books sued the author of Jurassic Park, alleging that the film infringed his copyright in his own book, which also involved “the concept of a dinosaur zoo.” After examining each work in turn, the court concluded that both portrayed dinosaur zoos, but also found that the idea of a dinosaur zoo could not be copyrighted. The dinosaur zoos were expressed in different ways: one was in a natural remote island, another an entirely man-made attraction. 

Similarly, in Allen v. Scholastic , a court considered an allegation that J.K. Rowling’s Harry Potter and the Goblet of Fire infringed the copyright in a lesser-known picture book. Both works had a wizard protagonist who participated in a wizarding competition, and both were “primarily created for children,” but the similarities ended there: Allen’s work was just sixteen pages, whereas Rowling’s was over 700. The works were “distinctly different in both substance and style” and elicited “very different visceral responses from their readers.” Here too, the idea of a wizarding competition was found to be outside of copyright protection. 

In Madrid v. Chronicle Books , poet Lori Madrid alleged that the Pixar film, Monsters, Inc. , infringed her copyright in a poem about a monster which is frightened to discover a human child in its closet. Madrid argued that the presence of “a big, fat, furry monster with horns on its head” and “monsters in children’s bedroom closets and vice versa” in both works was evidence of infringement. The court disagreed, finding that both were uncopyrightable ideas. The court pointed to other earlier works which also made use of these ideas—such as Maurice Sendak’s Where the Wild Things Are —as evidence that they were not the kind of original, creative expression copyright seeks to protect. 

Themes—which often flow from ideas central to a work—are similarly not subject to copyright protection. In the Scholastic case about Harry Potter , themes of friendship and competition in both works were found insufficient to establish a copyright infringement claim, as these concepts were too general such that finding infringement would go against copyright’s goal of encouraging the free exchange of ideas. And in the Chronicle Books case about Monsters, Inc. , the theme of a mother-child relationship was similarly too general to serve as the basis of an infringement claim. 

Scènes à Faire

Scènes à faire (from the French for “scenes to be made”) are characters, settings, events, or other elements of a work which are standard in the treatment of a given topic. The doctrine of scènes à faire recognizes that these elements are not copyrightable and cannot form the basis for a claim of infringement. In the Jurassic Park case discussed in the previous section, for example, the court found that “electrified fences,” “workers in uniforms,” and “dinosaur nurseries” were scènes à faire that flowed naturally from the unprotectable idea of a dinosaur zoo. Because the idea of the dinosaur zoo itself cannot be protected, and a dinosaur zoo is likely to include these elements as a logical matter, they also are not subject to copyright protection. 

Courts have found that certain ideas or literary genres are associated with particular scènes à faire, such that those elements cannot form the basis of an infringement claim. In Hogan v. D.C. Comics , considering an allegation that one vampire novel infringed another, a court found that “imagery of blood, religious symbolism such as crosses and allusions to the bible” were indispensable to vampire tales, making these elements scènes à faire in this context. Similarly, in DuBay v. King , considering an allegation that Stephen King’s The Dark Tower series infringed the copyright in a cartoon published in the late 1970s and early 1980s, a court found that similarities in the protagonists’ “looks” did not constitute infringement where both were “[a] western, or cowboy-looking loner often in desolate or eerie surroundings.” Because such a costume and presentation was standard in a story about the Old West, these similarities were scènes à faire and could not form the basis of an infringement claim.

University Library

Copyright for Graduate Students: Theses and Dissertations

• Public Domain
• Creative Commons Licensing
• Obtaining Copyright Permission
• International Materials
• State and Federal Governmental Materials
• University Policies on Copyright
• Depositing Your Dissertation/Thesis in IDEALS

Copyright Questions?

Copyright law can be difficult and confusing. This webpage is meant to provide you with guidance, but not legal advice.

Should you have further questions, please do not hesitate to ask Sara Benson, the Copyright Librarian, for assistance. Sara can be reached at 217-333-4200 or [email protected]

Scholarly Communication and Publishing

Some Copyright Ground Rules

• General Concepts
• What Does Copyright Protect?
• A work created today (or, more specifically, after 1989) is protected under copyright  as soon as it’s created  and is (generally) protected for the lifetime of the creator, plus 70 years (could be even longer for some works).
• There is no special symbol  (such as the copyright symbol) necessary on the protected work since 1989--it is protected simply because someone created it and wrote it down or recorded it.
• If more than one person created a work, they might be  joint owners of a work  (see "Copyright Ownership" on the right).
• When copyright expires, the work becomes  public domain .
• Ideas can’t be copyrighted, only the tangible expression in a fixed medium of the idea can.  
• Facts can't be copyrighted, either.
• You may use any copyrighted material under the  “ fair use ”  doctrine, within fair use guidelines.
• If something  looks copyrighted, assume it is.
• Copyright protects an author's right to reproduce (copy), distribute (license), make derivatives of the work, publicly display and perform the work
• This means that if you wish to make a copy of a copyrighted work (unless it is considered a  " fair use ")  you must  get permission  from the owner of the work
• You also generally cannot publicly display a copyrighted work (say a movie or work of art) unless you have permission to do so or a recognized  "copyright exception"  exists

Copyright Ownership

• The Author Is The Initial Owner
• Ownership Can Be Assigned or Transferred
• Works Can Be Made Available Under Terms More Favorable Than Copyright Allows
• Joint Ownership of A Copyrighted Work

If you wrote an essay or article, you are the owner of that article unless and until you contract away your rights (such as in a publishing agreement).

Giving away the bundle of rights that constitute copyright is often called a grant. If the transfer is exclusive it has to be in writing. In books/articles, this usually occurs in a publishing agreement.

The Creative Commons has developed a series of licenses that allows copyright holders to retain control over their works, but still make them available under terms more favorable than copyright allows.  Essentially, under the creative commons licenses, owners of copyright have allowed others to use their work with certain limitations specified in the creative commons license.

More information about the  creative commons  license is available on their website at  www.creativecommons.org .

 A work is considered joint if it meets these conditions:

both or all the authors intend that their contributions be merged into a single work;

this intention exists at the time of creation of the work.

No written contract is necessary to create a joint work. Each author owns an undivided portion of the entire work.  So, one author can grant another person permission to use the work without the agreement of the author author.  The only obligation is to share in any profits received. 

For some additional information about copyright in the music industry, please see the LibGuide on  Copyright Resources for Music .

The Basics of Copyright

Common Questions & Answers

Q: Should I put some sort of copyright notice on my work?

A:  It is wise to do so because even though it is not required, many people misunderstand basic copyright law rules. So, putting a notice on your work will remind others not to use it unless they have an exception applies to general copyright rules or they have obtained your permission first.  

Q:  As long as something is for educational use, I'm not violating copyright laws, right?

A: Unfortunately, no. Although there is a limited exception for face-to-face teaching, not all educational uses of copyrighted works will fall under that exception and fair use is decided on a case-by-case (not a blanket exception) basis.

Q:  How do I know FOR SURE that something is a fair use?

A:  That's a tough one. Unfortunately, it is hard to know when something is a fair use for sure because, ultimately, the court decides fair use cases on a case-by-case basis. Generally, we should exercise our good faith judgment and consider risk assessment when making fair use determinations.  But, this does not mean that we shouldn't exercise our fair use rights.  We should do so in a considered way.

Q: What role does licensing play in specific copyright questions?

A: A very large role. Essentially, you can contract away (through licensing) any of your copyright rights. So, for instance, if I write a journal article but if I assign my copyright entirely to the journal publisher, then I no longer have any right to share my article either publicly or privately without the permission of the journal.

The content for this page originated with the School of Music's Copyright LibGuide .  

Except where otherwise indicated, original content in this guide is licensed under a   Creative Commons Attribution (CC BY) 4.0 license . You are free to share, adopt, or adapt the materials. We encourage broad adoption of these materials for teaching and other professional development purposes, and invite you to customize them for your own needs.

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Rules dealing with names, titles and phrases

Fact sheet P-18

Fact sheet P-18: Names, titles and copyright

Enquiries such as ‘Can I copyright a name?’ are one of the most common questions we are asked, and this seems to be one of the most misunderstood aspects of copyright law.

The short answer is to simply say that names, titles, short phrases, (and also colours), are not considered unique or substantial enough to be awarded copyright protection in their own right, but as this is such a common question, it is perhaps worth explaining the logic behind this.

Lets take an example:

In March 1981, popular author Dick Francis published a book called ‘Reflex’. The book itself is most certainly a copyright work, but lets imagine the situation if copyright applied to the title in its own right.

In our example, this would mean that anyone using the word ‘Reflex’ would now be in breach of copyright. Also as copyright prohibits unauthorised adaptation, use of derived words like, reflexes, reflexing, reflexed may also be prohibited. In effect no-one could ever use these words in a document.

This would mean that the word could also no longer be used in songs, or in any public performances.

Typically copyright will continue to apply for 70 years from the death of the author, so we may never be able to use the word in our lifetimes.

As copyright is an automatic international right, this restriction would apply across the globe.

Clearly this would be a ridiculous situation, but it illustrates why copyright law as it stands is not suitable for such items.

When people ask about protecting names, they are typically referring to a trading name or the name of a product, and the primary focus is on preventing a competitor using the name.

Passing off

‘Passing off’ is a term used when a company or individual represents themselves in a way that may mislead potential customers into believing that they are dealing with an different, more established company.

If a competing company sets up with a similar or identical name to an establish company, or portrays themselves in a way that implies that they are associated with the established company, they may be guilty of passing off. The original company can take action to defend their identity.

Passing off is not always as simple as determining who was using the name first, and public perception of who the name is associated with should also be taken consideration.

To successfully prove passing off you should be able to demonstrate that:

The name is yours. This requires some proof of ownership and/or creation (such as a copyright registration) that predates the offence.

Customers associate the name with you. You need to show you have been trading under that name and have historical customers that have bought from you under that name.

You have been harmed by the other person’s use of the name. e.g. loss of revenue.

Sometimes trademarks may be used to protect a name or a brand image. It is generally easier to prove a passing case or claim to the brand if the trademark has been registered. Trademarks are primarily aimed at commercial trading organisations, and are administered by national patent or trademark offices.

It should be noted that a registered trademark will apply only in the countries where the application was made, and that they also tend to be issued for use within a specific trading sector. Some additional information regarding trademarks may be found on our intellectual property rights page .

Please note that we do not provide trademark registration service, for information on trademarks you should contact your national trademark or patent office.

As names are not copyright works, they should not be registered in their own right. It is still true that any registration that includes the name does by definition prove use of the name, but as other factors may come into play with passing-off, we would not regard this as a suitable use of this service.

Registrations should always contain actual copyright works, (i.e. documents, recordings etc). Although it is worth noting that a logo that combines the name with other artistic or design elements can be subject to copyright as an artistic work.

Copyright protection of logos .

This fact sheet is Copyright © Copyright Witness and protected under UK and international law. The use of this fact sheet is covered by the conditions of a Creative Commons Attribution-Non-Commercial-No Derivative Works License . This fact sheet is intended only as an introduction to ideas and concepts only. It should not be treated as a definitive guide, nor should it be considered to cover every area of concern, or be regarded as legal advice.

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Can a Book Title be Copyrighted?

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Copyright vs. Trademark

• Why You Can't Copyright Book Titles
• Other Works You Can't Copyright
• Trademarking a Book Title
• Do a Search First

Jean Murray, MBA, Ph.D., is an experienced business writer and teacher. She has taught at business and professional schools for over 35 years.

A great title can make a book. If you are writing a book and you have an idea for a title, you probably are searching to see if anyone else has your title. If no one has your book title, you may want to protect it by copyrighting it. Well, you can't do that. But there's an alternative.

First, consider the difference between copyrights and trademarks. Copyrights protect original works of authorship, including books, plays, movies, music, poetry, song, computer software, and architecture.  

Trademarks protect words, phrases, symbols, and/or designs that set apart the goods of one party from those of others. A service mark is the same thing for services.  

One big difference between copyrights and trademarks is that you can have copyright protection as soon as the work is published, but you must register and get approval to have trademark protection.

Book Titles Typically Can't Be Copyrighted

The U. S. Copyright Office is the U.S. agency that processes and registers copyright applications. Copyright doesn't protect names, titles, slogans, or short phrases. That includes domain names, which are assigned by the Internet Corporation for Assigned Names and Numbers (ICANN) , through accredited registers.  

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. 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.

An 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 case was taken to court, which found that the words "PT 109" and "John Kennedy" were descriptive or generic terms and therefore not able to be copyrighted. The Court said, "no one has a right to avail himself of another's favorable reputation in order to sell his own goods."  

Another Example: Garden of Beasts

In another example, in 2004, Jeffrey Deaver wrote a book titled " Garden of Beasts ," a novel set in Berlin around the time of the 1936 Olympics.

More recently, in 2011 Erik Larsen wrote a non-fiction book set in Berlin in the same time period. Its title is " In the Garden of Beasts ." Since Deaver could not copyright his title, we are left with two books with almost identical titles, to confuse us. 

Other Things You Cannot Copyright

Just to be clear, here are some other things you cannot copyright: 

• Names of products or services
•  Names of businesses, organizations, or groups (including the names of performing groups) 
• Pseudonyms of individuals (including pen or stage names)
• Titles of works
• Catchwords, catchphrases, mottoes, slogans, or short advertising expressions
• Listings of ingredients, as in recipes, labels, or formulas. When a recipe or formula is accompanied by an explanation or directions, the text directions may be copyrightable, but the recipe or formula itself remains uncopyrightable.  

An Alternative: Trademarking a Book Title

A trademark is more difficult to get than a copyright, but you might be able to trademark a book title. The U.S. Patent and Trademark Office is the federal agency that processes and approves trademark applications.

Even if you can't copyright a book title, or the other items listed above, you may be able to register the title as a trademark. The trademark office looks at whether your trademark might be confused with an existing 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."

Writers Digest says, "Trademarks keep others from confusing a well-known work on the bookstore shelves with others. For example, Harry Potter is such a popular, distinguishable character by J.K. Rowling that you’d expect any title with his name in it to be written by her (or, at least, a book approved by her). It’s not only her work, but it’s become her brand."

Before You Copyright or Trademark, Do a Search

You don't have to do a search to see if your work has already been copyrighted, because it is unique to you. But if you want to use a book title, you should first check (online) to see if anyone else has used that title. If the title has been used in a similar book, you might still want to use it. Or you may want to change it to avoid confusion by readers.

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. 

You may be able to copyright your work yourself, but it's better to have an intellectual property attorney to help you with a trademark application. Having an attorney who is familiar with trademarks can considerably improve your chances of getting through the trademark or copyright process more quickly and easily.

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Copyright on Campus: Theses & Dissertations

• Introduction
• Copyright Law Basics
• Public Domain
• Theses & Dissertations
• Author Rights
• Showing Movies in Class and on Campus
• Copyright & Data Management
• Copyright in Special Collections
• Open Education

Publisher Policies

Students often receive mixed messages when it comes to including a published paper in a dissertation, or publishing from the dissertation beyond graduation. Both of these scenarios are common and familiar to publishers, but there might be specific guidelines or requirements such as:

• Be transparent. Include a brief explanation when you submit your publication. More often, journals use plagiarism detection software; letting them know your work is out there and publicly available will help sidestep any questions.
• Include a citation to the published work in your thesis or dissertation, and/or a citation to the thesis/dissertation in the resulting publication.
• Specific rules for formatting.
• Resource: Publisher Policies MIT Libraries has compiled a list of major publishers with links to relevant policies

Reusing Material

Theses and dissertations often use charts, graphs, images, and quotes from other journal articles, books, or websites. When doing this, be aware that most content is protected by copyright, though it's likely fine for you to use these materials if you can do one of the following:

• Use public domain content. If you are including factual data presented in a straightforward way (e.g., a simple bar graph or pie chart showing the results of an experiment), it's very likely the figure does not meet the minimum threshold for creatively and is not protected by copyright.
• Use openly licensed content. Open access journal articles and books, as well as other media labeled with a Creative Commons license, 
• Decide your use is "fair." Fair use is a specific provision within U.S. Copyright Law that allows for limited use of in-copyright material without seeking permission. In general, quotations from the work of others should be no longer than is necessary to support the scholarly point you wish to make. In the case of images, you should be sure that the pictures you reproduce are closely tied to your research goals and are each made the subject of specific scholarly comment. More on fair use .
• If you're not sure about relying on fair use, you can often seek permission. Most of the time, this means navigating to the publisher's website or a journal article page and finding a link to "rights" or "permissions." Many publishers allow graduate students to use content without charge, with the understanding that if you publish your work formally in future, you may need to obtain permission again and pay a fee. It's a good idea to get permission in writing, but even an email is sufficient.

From Dissertation to Publication - FAQ on Your Rights as Author

Who owns the copyright of a thesis or dissertation?

You do! The copyright of a thesis or dissertation belongs to you as the author. Under the U.S. Copyright Act, works are automatically copyrighted at the moment they are fixed in a tangible form, including residing on your computer's hard drive. You continue to own that copyright until you transfer it to another party.  A transfer of copyright must be in writing.  If parts of a work have already been published and copyright in those other works was transferred to someone else (e.g. a publisher), copyright of those parts remains with whom it was transferred to.

Who owns copyright in work produced as part of a team or in a lab?

Whenever a group undertakes a project or research, it is best to have a discussion up front, including the faculty advisor or chair, to clarify how copyright, patents and other intellectual property will be managed and who will retain and manage rights for all portions of the project. Be sure to consider not only publications arising from the project, but also data sets, software, websites, user interfaces, specifications, and any other outputs. It is always best to make sure that faculty make clear to graduate students and others working for them how research outputs will be owned or used in order to avoid confusion. In circumstances where grant funds or University funding is significantly invested in the project or research, other ownership interests may be at play, which should be discussed and understood.

Do I need to register my copyright?

You do not need to register with the Copyright Office in order to enjoy copyright protection. Such protection is automatic, coming into effect at the moment a work is fixed in a tangible form. However, registration has certain advantages.  First, if your work is registered you have strong evidence that you are the author of the work and the owner of its copyright. Also, registration is necessary to enforce a copyright against an infringer or plagiarist. For full detail, read the U.S. Copyright Office circular " Copyright Basics ". The benefits of registration are outlined on Page 7.

Registration can be completed online directly (for a fee of $45) through the Copyright Office website  or through ProQuest (for a fee of $55) who will register the copyright for you and in your name.

Can I use previously published articles of my own in my work?

It depends. You will need to review the agreement you signed with the publisher of our previously published article. Most agreements require you to transfer your copyright to the publisher. If this is the case, you must request permission from the publisher to "reprint" the article as a chapter in your dissertation. However, some agreements specify that you retain the right to reprint the article in your dissertation. The chart below details several publishers' policies with respect to reusing your own previously published work in a thesis or dissertation; however, you should always review the terms of any agreement you signed.

Why do I have two publishing agreements to review and sign, and what do I need to understand about them?

University of Florida dissertations are distributed by both ProQuest/UMI and the UF Libraries. Both will make your work available and preserve it for the future (ProQuest through its Dissertations and Theses database and print sales if you choose to allow that, and the UF Libraries through its institutional repository, the IR@UF ). In return for those services, both ProQuest and the UF Libraries require you to certify that the work is your own and that you are not infringing the rights of others. These agreements also provide a mechanism for all parties to recognize your rights as an author.  

Please note, by signing these agreements you still retain copyright, including the right to publish your work; the licenses you give to ProQuest/UMI and to the UF Libraries does not preclude publishing any part of your dissertation in another form or prevent you from transferring your copyright to some other party at a later date. A license is a permission you give to others to use your work in ways that would otherwise not be permitted by copyright law; they are not a transfer of your copyright.

The agreement with UF Libraries requires that you give a license to UF to put your dissertation in the IR@UF and distribute it in a way that allows other scholars to read it and use it for non-commercial purposes, as long as they do not make changes to your work and always give you credit. This license is designed to enable scholarship and to protect you from plagiarism. The agreement with ProQuest/UMI  grants ProQuest the non-exclusive right to reproduce and disseminate your work according to the conditions you elect in the agreement, including whether to make your work available after a specified embargo period and whether to make it available open access. 

Both publishing agreements allow students to elect to make their dissertations available immediately or after a specific limited period of time known as an embargo. An embargo may be appropriate and desired when a student wants to allow time to explore publishing part of it in other forms, if the dissertation contains material for which a patent might be sought, or if it includes other sensitive or confidential information.

What is open access, and how does it apply to my thesis or dissertation?

Articles, books, theses and dissertations are said to be "open access" when they are "digital, online, free of charge, and free of most copyright and licensing restrictions." By making publications open access, the widest sharing of ideas and research results is made possible, which is generally done either by publishing in open access journals or depositing them in open access repositories such as PubMed Central, arXiv, or the IR@UF. University of Florida policy is for all new dissertations to be available open access through the IR@UF, either immediately or after an embargo period. 

Will journal or book publishers consider publishing my work if it is based on an open access thesis or dissertation?

Recent surveys  show that a majority of journal editors and university presses would accept submissions of articles and book manuscripts that were based upon theses or dissertations, even if they are available in an open access repository. This is in part because most publishers consider theses and dissertations to be "student work" that will require substantial editing and revision before being published in article or book form. The chart below summarizes the policies of some publishers regarding the publication of new works from a thesis or dissertation.

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Copyright Guidance: Copyright for Authors & Creators

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Publisher Agreements

Most authors of books or journal articles are required to sign an agreement with their publisher as a condition before publication.  It is important to read these agreements as they are legally binding and may have an impact on how the author can use or reuse the work.  Like any agreement, the publisher agreement should be negotiable so that the author retains some or all of the copyrights associated with the work.

License v. Transfer (or Assignment) of copyrights:

The publisher's agreement says,

Author hereby grants and assigns to XYZ Publisher the exclusive , sole, permanent , world-wide, transferable, sub-licensable and unlimited right to reproduce, publish, distribute, transmit, make available or otherwise communicate to the public, translate, publicly perform, archive, store, lease or lend and sell the Work or parts thereof individually or together with other works in any language, in all revisions and versions (including soft cover, book club and collected editions, anthologies, advance printing, reprints or print to order, microfilm editions, audiograms and videograms), in all forms and media of expression including in electronic form (including offline and online use, push or pull technologies, use in databases and data networks(e.g. the Internet) for display, print and storing on any and all stationary or portable end-user devices, e.g. text readers, audio, video or interactive devices, and for use in multimedia or interactive versions as well as for the display or transmission of the works or parts thereof in data networks or search engines, and posting the Work on social media accounts closely related to the Work), in whole, in part or in abridged form, in each case as now known or developed in the future, including the right to grant further time-limited or permanent rights.

If you were able to get through the above sentence, you should realize that had you signed this agreement, you would have actually transferred all of your copyrights FOREVER (life of author plus 70 years) to XYZ Publisher. 

Instead, ask the publisher to modify the sentence so that you LICENSE to them for a limited time all of these rights.  For example, the revised might read, "Author hereby grants and licenses to XYZ Publisher for a period of (1-5) years, the exclusive, sole, right to...."

The EXCLUSIVE LICENSE is temporary. The term allows the publisher to make as much profit from the work during that term.  After the expiration of the term, you can continue a NON -exclusive license for as long as your copyright's duration or however long you wish, but at all times, you retain the copyright in your works.

Click-through transfers upon submission

Publishers are more frequently requiring authors to accept click-through agreements transferring copyright to the publisher upon submission of a manuscript, even before acceptance to publish.  This is easier for the publisher to manage, but disadvantages the author.  Not only does the electronic submission using this click-through serve to eliminate potential for negotiation, it is difficult to make and keep a copy of the agreement for future reference.  When presented with a click-through option, try contacting the publisher and saying that you prefer to negotiate the terms of the agreement only after the work has been accepted for publication and that you will submit the work by other means.

Publisher Licenses rights back to author

Where you have signed an exclusive license for a period of time OR if you have been forced to transfer and assign the copyright in the work, you no longer have the rights to use your own work and may have to ask permission and even PAY to use your work in other instances. It is a good idea to make sure the agreement states that certain rights are licensed back to you so that you may make use of the work of despite exclusivity or transfer.  Such rights might include:

• The right to post the work on your own website or in your institutional repository (IR).
• The right to share the work with colleagues or provide copies to students in your classes.
• The right to reuse the work in derivative works that you author.
• The right to reuse illustrations, charts, or graphs in other works or presentations.

Take-Down Notices

Where you decide to post your own work on a website or other Internet outlet AND your author-publisher agreement has not provided permission to do so either by allowing you to keep your copyright, or licensing back the right as noted above, you may receive a "Take Down Notice" from the publisher.  A take-down notice is a first step a publisher takes before making a claim that the posted work is a violation of the terms of your agreement.  It may be true that the posted work infringes the terms of your agreement or it may not be true and your agreement shows that you can, in fact, post in this manner.  Many publishers use robots to scour the web to find infringing instances of posted copyrighted works and as a result may be subject to finding false-positives.  For more information about take down notices, see, Information Regarding Publisher Take-Down Notices on the library website.

Works made for hire

You may come across an agreement that states the work is one that is made for hire.  The publisher is telling you that even though you have created the work, you do not own the copyright.  The publisher owns it because it hired you and the work was made during that "employment."  You might see language in the agreement that says,

The Work including illustrations, tables and figures shall be considered a work made for hire for ABC Publisher and the copyright in the Work, all exclusive rights therein, shall be owned by ABC Publisher.  To the extent the Work or any material contained therein does not qualify as a work made for hire, the Author hereby transfers and assigns to the Publisher during the full term of copyright all exclusive rights comprised in the copyright in the Work and any revisions, thereof including, without limitation the sole right to register the copyright in the Work in ABC Publisher's name and the sole exclusive right throughout the world to do and to license to others to reproduce, license, publish, and distribute the Work in whole or in part in any format or medium.

Here again, if you were to agree to this, you will have given up all of your rights (unless they license some back to you) for the duration of the copyright term.  This is simply another type of agreement and agreements should be negotiable.  Make an effort to work with the publisher to modify the terms as above in the publisher agreement.  Instead of making it a work for hire, push for exclusive for a short term and non-exclusive after the term, ensuring in both cases that you retain some rights (license) to use your own work in ways that are useful to you.

Non-exclusive licenses and open access

If you find that your selected publisher's agreement is too restrictive and want to ensure that your work reaches the widest audience possible, consider publishing in alternative publications.  Many publishers offer open access alternatives and many institutions offer open access publishing options via their IR.  In these cases, you can grant to the publisher a non-exclusive license to publish the work and still retain all of your rights to reuse your own work in whatever way you wish.  In fact, if the non-exclusive license is in place, you may still opt to publish with the original publisher, but the non-exclusive license can lawfully prevail (see 17 U.S.C. §205(e) ).  The license should be specific about which rights you are willing to license.  They may include many of the rights as enumerated in the  ABC and XYZ Publishers agreement noted above or as many rights for which you are comfortable.  More on open access is discussed in the section Open Access Options .

Termination of a Copyright Transfer

Its not all bad news.  There is a window of opportunity to reclaim copyrights in a work that you created and subsequently transferred to someone else.  The Copyright Act permits the original author to serve notice of termination, on works created after Jan. 1, 1978, to the publisher no earlier than 30 years after the execution of the grant or 25 years after publication under the grant (whichever occurs first).  The termination then becomes effective 35 years after execution of the grant/ or if right of publication granted, no less than 40 years after execution of the grant/ or 35 years after publication (again, whichever occurs first).  See also: Termination of Transfers and Licenses Under 17 U.S.C. §203 .

Publisher-Author Agreement Resources

• The Authors Alliance website offers resources for rights management, law & policy, reaching readers, and reputation and integrity.
• The Authors Guild offers guidance on negotiating a fair contract for authors.
• Author Rights Model License Language provides language to authors can include in publishing agreements.

Open Access Options

The Open Access (OA) movement is gaining traction in a variety of disciplines and offer a number of publishing/licensing options.  Open Access permits free and open access to copyrighted works.  You may choose to license your open access work through a Creative Commons License that grants the general public license to reuse your work(s) under certain conditions.  Choosing to publish open access does not eliminate your copyrights, but due to the open nature and wide dissemination, makes it more likely that your work will be reused and/or cited.

Green Open Access

Green OA often refers to works that are made available via an institutional repository.  At present, Yale's vehicle for green open access is a publishing platform called EliScholar .  EliScholar provides a digital platform for publishing and archiving the scholarly output of Yale authors for the purpose of open dissemination.  Access to EliScholar is free and open to the world with a few exceptions for temporarily embargoed works.

Gold Open Access

Gold Open Access refers to publisher options available for authors to publish their articles in open access or hybrid (combination of subscription and OA) journals.  Gold OA publishers most frequently requires the author pay an Author Processing Charge (APC) which stands in lieu of the fees generated by subscription and thus subsidizes making the article free and open to the world.  The fees vary from publisher to publisher.  Yale does not subsidize these fees, but there may be departmental funds that can assist or an author can build in the cost of OA publication into grant applications where appropriate.

Embargos & Versions

• A publisher of Open Access works might require an embargo on the author's license to post his/her article on the author's web site or in the institutional repository.  An embargo is simply a delay of a specified time period before the work may be otherwise posted.  Some publishers will permit only specific versions of the article to be posted in these locations, such as the pre-published version, the submitted version, or the accepted but not edited version.  Make sure to check the language of your Author-Publisher Agreement for the exact version you may use and whether there is an embargo period of which to be aware.

Open Access Publishing Support for Yale Authors

Yale University Library guide for support of open access provides information about negotiated discounts on APCs with a number of publishers.

• See Also: SPARC Open Access site for more information about OA generally and best practices associated with open access.  Available at the site is an Author Rights Addendum for authors to attach to their existing restrictive Author-Publisher agreements to modify the language to permit authors reasonable reuse where it was formerly denied.  Adding the addendum to the existing contract requires negotiation and signed acceptance between the author and publisher.

Research Data Management @ YUL

Yale site of the Research Data Consultation Group provides support for finding, using, managing, and archiving your research data.  Raw data (facts) are not typically covered by copyright law, but once transformed into an article for publication or unique charts/graphs which helps to parse the significance of the data may be copyrightable.  Wherever data ultimately leads to patents, please refer to the Yale University Patent Policy on this subject.

Copyright and Open Access

Creative commons licenses.

Creative Commons is a licensing scheme to help authors/creators share their work more openly with others who may want to use their works.  Many authors use one of the available licenses which permit various levels of reuse (See web site for specifics on each of the licenses ).   Using a Creative Commons license does not mean that you, as creator loses copyright, but that you want to make your work available so that others may also benefit.  For example the types of licenses available include:

• CC BY (Attribution)--permits fairly broad reuse as long as the original creator is credited.
• CC BY-SA (Attribution & Share Alike)--permits broad reuse as long as the original creator is credited AND your new creation is licensed under the same terms.
• CC BY-ND (Attribution & No Derivatives)--tightens reuse, permits redistribution as long as no changes have been made to the original and the original creator is credited.
• CC BY-NC (Attribution & Non Commercial)--permits broad reuse as long as the reuse is not for commercial purposes and the original creator is credited.
• CC BY-NC-SA (Attribution & Non Commercial & Share Alike)--permits broad reuse as long as the reuse is non commercial, the reuse is licensed under the same scheme, and the original creator is credited.
• CC BY-NC-ND (Attribution & Non Commercial & No Derivatives)--most restrictive of the CC licenses, permits limited non commercial use in ways that do not alter the original work and credit the original author.

CC0 or Public Domain mark .  CC0 permits all uses and the creator waives all rights to the work and the latter indicates that the work belongs to the public domain (no license required), this can only be applied by the creator/rightsholder of a work. 

Dissertations & Theses

Dissertations and theses are original works of authorship and are covered by copyright.  NOTE: when using others works within your own, you may be required to seek permissions from those copyright holders before your work can be published.

Publishing your dissertation or thesis

Using your formerly published works in your dissertation You've managed to publish an article or two in a reputable journal and now want to reprint them in your dissertation!  FIRST!!  Dig out that publisher agreement that you signed when you submitted your article to the journal.  Did you assign your copyrights unconditionally to the publisher?  If so, did the agreement license back to you rights to reprint in your other works?  If not, then you may have to request permission from the publisher to use the article(s) in this manner.

Using photos, images, charts, and graphs When using others' works, either rely on the fair use doctrine by performing a fair use analysis (see Fair Use tab under Using Copyrighted Works ) or by requesting permission of the copyright holder.

Applying a license to your works

If you plan to make your theses or dissertation available for open access, you may choose from a variety of Creative Commons licenses (see also the Open Access Options tab).  If you would like to post your dissertation in EliScholar (YUL's digital publishing platform), you may opt to put an embargo on making it open access to allow time for publication elsewhere.   

Choosing a Reputable Publisher

Not all publishers are created equal!  Some publishers have an excellent reputation using a peer-review process, often rejecting a large quantity of submissions.  Others may be considered predatory, seeking to find as many authors to publish as possible, utilizing questionable publication practices and statistics.  These are often publishers promising to publish open access, sending blast emails to potential authors quoting inaccurate impact factors.

Yale has published a great guide on how to choose a journal for publication of your articles.  In addition, there are sites that can help you locate reputable publishers and those that have generous copyright policies (meaning that you can reuse your own works):

• SHERPA/RoMEO --provides search option to find journals and publishers general permissions in their typical publisher agreements.  
• Jeffrey Beall's archived Scholarly Open Access site listing low/no quality journals and publishers to beware of in the Open Access publishing arena.

Research Data Managment & Services

Research data.

The recorded factual information associated with the research, including, but not limited to, all records necessary for the reconstruction and evaluation of the results of research, regardless of the form or medium on which the material is recorded (such as lab notebooks, photos, digital images, data files, data processing or computer programs (software), statistical records, etc.).

Research data does not include books, articles, papers, or other scholarly writings that are published or publicly presented; drafts of such scholarly writings; plans for future research; peer reviews; or communications with colleagues. See more about this policy here .

Yale and Yale University Library have a number of useful tools and services available to help manage your data:

• Research Data and Materials Policy (Ownership | retention | transfer | sharing & access)
• Data Protection (classification standards) 
• Research Data Support Services (RDSS)
• Research Data Management (DMPs | Sharing/Reuse | Education/Training)

Data Licensing

Though factual data are generally not subject to copyright protection, nevertheless,some data may contain a component of creativity that may be subject to copyright.   Data is often licensed, purchased, or made freely available by the owner or the user.    Helpful data licensing information can be found at:

• Data Sharing and Reuse
• Digital Curation Centre

Consider open access licenses for your data:

• Creative Commons Zero for Data
• Open Data Commons (3 licenses from which to choose)

This guide is fluid and subject to change.  If you have suggestions or feedback on this site, please contact the  Copyright Librarian & Contracting Specialist.  The information provided in this guide is for your general information purposes only and not to be construed as legal advice.  For legal advice, please consult with your own attorney or Yale's Office of General Counsel .

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• Last Updated: May 8, 2024 9:52 AM
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Can a title be copyrighted?

Is there any such thing as copyrighting a title?

A title of a novel / short story is usually short, up to five words or so. The words are chosen after much thought to reflect the contents of work. They are often common (everyday) words.

A typical example is a romance novel which may have a title such as "The man who stole my heart".

I understand there may be copyright protection for unusual titles but my question relates to use of common, everyday words in the title, as I have come across many books with the same or similar titles.

2 Answers 2

I Am Not A Lawyer

But in the United States, according to the U.S. Copyright Office, copyright protection is not available for "names, titles or short phrases" Source (PDF).

But there are a few things you should take note of if you're concerned about accidentally using the same title as another work. For one, brand names, slogans and phrases can be trademarked (which offers similar protections to copyright), so they should probably be avoided. For another, having the same or similar title as another book can make your book not only hard to find, but unoriginal too. Another thing to keep in mind is having a book with a similar title and similar content can open you up to the possibility of a lawsuit.

• 1 +1 This is right. In short, you can't copyright a title, but there are other reasons to avoid using one that has already been used. –  John M. Landsberg Commented Jun 13, 2013 at 6:02
• 3 Wait a minute. As I have understood it, copyright and trademark law are two very distinct things. You seem to be mixing the two. What gives? –  user Commented Jun 13, 2013 at 9:56

While a title cannot be copyrighted, an author might choose a title for her work that infringes on a registered trademark. Different rules apply to trademarks, but that doesn't make their use as a title legal.

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What is the Copyright Law for the Same Title?

Afsana Pervin

July 11, 2023

In this article...

The world of publishing is vast and teeming with myriad titles, some of which may surprisingly mirror each other. “Copyright Law: Can Books Share Identical Titles?" unravels the enigmatic issue of duplicated book titles within the complex tapestry of intellectual property law. Are book titles protected under copyright law, or can an author freely use a pre-existing title? As we delve into the nuances of legal precedents, statutes, and global copyright systems, we'll seek to answer these questions, providing you with a comprehensive understanding of how copyright law governs the nomenclature of literary and non-literary works.

Have you ever pondered whether two authors can release books with identical titles? Or perhaps you’re curious about the rules governing copyrights for books, movies, and songs? As content creators and marketers, it is crucial to understand the legal landscape surrounding titles, including trademarks, service marks, and registered copyrights. In this blog post, we will delve into the intricate realm of copyright law, providing you with the knowledge to navigate the potential legal pitfalls. Let’s embark on a journey to explore the limits of creative expression and safeguard your artistic endeavors.

Table of Contents

Copyright law fundamentals.

Copyright law may appear complex and daunting, but it is an indispensable domain for individuals involved in the creative industries. At its core, copyright law grants exclusive rights to creators over their original expressive works, encompassing literature, music, and art. Essentially, this means that without the creator’s permission, others cannot reproduce, distribute, or display their work.

While there are exceptions and limitations to copyright law, it is crucial for individuals and businesses to obtain the necessary licenses or permissions before utilizing any copyrighted material. Adopting a cautious approach is wise, as copyright infringement can result in expensive legal repercussions. By staying informed and adhering to the basics of copyright law, creatives can safeguard their work and avoid potential legal entanglements.

Distinguishing Trademarks from Copyrights

As a business owner, it is essential to grasp the distinctions between trademarks and copyrights. While both safeguard intellectual property, trademarks protect brand names, logos, and slogans, whereas copyrights defend original works of authorship, such as books, songs, and artwork.

A helpful way to differentiate the two is to view trademarks as the face of your business, while copyrights encompass the creative content generated by your enterprise. By securing the appropriate protection for your intellectual property, you can ensure the preservation of your brand identity and creative works, shielding them from infringement and theft.

Decoding Copyright Infringement

In today’s fast-paced world, comprehending the intricacies of copyright law is crucial. With content being created and shared at an astonishing rate, unintentional infringement on someone else’s copyright can occur easily. Consequently, understanding what constitutes infringement is vital for safeguarding yourself and your work.

Copyright laws shield original works, including music, videos, literature, and software, from unauthorized copying or distribution without the owner’s consent. Grasping the boundaries of acceptable usage can be complex, but it is always prudent to err on the side of caution when dealing with intellectual property. So, the next time you create or share content, keep in mind the dos and don’ts dictated by copyright law.

Copyrightable Works

Copyright laws exist to preserve the originality of works crafted by individuals. But what precisely falls under the purview of copyright protection? The answer is clear—books, articles, movies, music, and even software can be copied. Anything original that is fixed in a tangible medium of expression can be safeguarded.

Copyright laws empower creators by granting them control over the usage and distribution of their work. Respecting copyright laws and comprehending what can and cannot be used without permission is paramount. Let us collaborate in honoring each other’s creative works and ensuring they receive the protection they deserve.

Requirements for Copyright Protection

Copyright protection is a crucial facet of the creative industry, yet not every work is eligible for such protection. To qualify, a work must fulfil specific requirements. Firstly, it must be an original creation of the author or artist, free from any substantial copying. Secondly, it must be fixed in a tangible form, such as a book, recording, or painting.

Lastly, the work must possess a minimum level of creativity. These criteria are designed to safeguard only those works that genuinely reflect the author’s creative efforts. As creators continue to push boundaries, the legal framework for protecting their works must evolve alongside them.

Can Two Books Share the Same Title?

Guidelines for Using Titles in Copyrighted Works. As avid readers, we have all encountered books with similar titles, leaving us to wonder if they bear any connection. Can two books indeed possess identical titles? The answer is yes; they can.

However, copyright laws impose restrictions on the use of identical titles for copyrighted works. This means that if two books share the same title, the authors, or publishers must ensure that there is no confusion between the two.

To avoid legal disputes or confusion, authors should strive for unique and memorable titles that distinguish their work. So, the next time you come across a book with a title matching one you’ve read before, conduct thorough research to ensure you’re not in for an unexpected surprise.

Given the intricacies and ever-changing nature of copyright law, it is advisable to seek guidance from experts before determining the availability or necessity of releases for your creative works. Understanding the interplay of copyright, trademark, and patent law is best explained from the perspective of professional legal counsel.

Copyright law does not protect titles of works, be they books, movies, songs, or other artistic creations. This is because titles are typically short and do not meet the requisite level of creativity needed to qualify for copyright protection.

While this means that two authors could technically publish separate books with the same title, there are other legal and practical considerations that may discourage this. Trademark law, for example, can protect a title if it is used in a series or if it’s so unique and well-known that it has developed a secondary meaning in the minds of the public.

Furthermore, publishing a book under the same title as a well-known work could lead to consumer confusion and be detrimental to the success of your book. It could also lead to reputational damage if it appears that you’re attempting to capitalize on another author’s success.

Thus, while copyright law may not prevent you from using the same title as another work, it’s generally a good idea to strive for a unique and original title that will not only help avoid potential legal issues but also set your work apart and attract your intended audience.

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Perry   Law

• Aug 5, 2022

Can You Copyright or Trademark Book Titles?

Under the US Copyright Act, you cannot copyright titles. That is because titles are too short to be protected. Copyright law protects original works fixed in a tangible medium of expression (e.g., your novel written and saved on Microsoft Word). However, when it comes to titles, they are considered "short phrases." They're too de minimis to be copyrightable. This is why you may see the same title for multiple books or films.

Although you cannot copyright a title, you may be able to trademark your title. However, there's a caveat. Single titles are generally not eligible for trademarks. Trademarks function as identifiers of goods and services, and consumers may have trouble identifying you as the author of the title, especially if there are many books that share your title. Think of it this way. If a bookstore carried your book and every other book with the same title on a shelf, could a consumer ID you as the author? Probably not.

Nevertheless, if your book becomes successful and you're able to claim "secondary meaning," meaning your title has earned a certain level of fame, you may be able to trademark your single title. In that same example, if your book has become a bestseller selling millions of copies, when consumers hear your title, they may automatically think of you. In that case, you may be able to trademark a single title.

What about your titles as part of a book series? You will have a much easier time trademarking because consumers may be able to associate you as the identifier of the book. The same goes for characters. For example, a famous character may become associated with a certain series, where readers may expect the author to have written a book that includes that character when they see it in bookstores. Think of Harry Potter. When you see Harry Potter, you think of JK Rowling and vise versa.

I hope this helps in determining whether to trademark your title.

Disclaimer : This article is for information purposes only. It is not be considered legal advice nor to be construed as such. If you have a legal issue, contact an attorney near you.

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What you can and cannot copyright

Copyright is just one form of protecting intellectual property. Patents and trademarks also offer protection for different types of intellectual property. Copyright only applies to qualifying works of original authorship. Here are some examples of things that copyright protection does not apply to.

Can I copyright a business name?

The name of your business is not a work of authorship and cannot be protected by copyright.

Can I copyright a song or book title?

Like a business name, a title cannot be protected by copyright. Whether for a song, movie or book, titles are not eligible for copyright protection.

Can I copyright a t-shirt design?

A design may be eligible for protection if it includes work of original authorship. If the design is primarily just text or a short phrase then the design will not be eligible for copyright protection. For more information, see our page on logo copyrights .

Can I copyright an idea for a script (or novel, or film)?

Copyright applies to works of original authorship in tangible form. If all you have is a general idea then no, copyright protection won’t apply. If you type up your idea into an outline you can copyright the outline. You cannot, however, protect the rights to the final work (the one you have the idea for) until you affix that work in tangible form, by writing the script or novel or by creating the film.

Can I copyright my logo?

Some logos qualify for copyright protection, while others do not. The difference is whether or not the logo contains a substantial element of original authorship, and is not simply an arrangement of letters. For more information on copyrighting logos, including examples, see our logo copyright test .

Can I copyright a website?

A website can be made up of many different things. Many components of a website do qualify for copyright protection, but some do not.

Website design.

Yes, you can copyright the design of the website as long as it is a work of original authorship. Copyright registration for a website’s design is similar to copyright registration for any other visual arts piece.

Website content.

Yes, you can copyright the content of the website as long as it is a work of original authorship and not content taken from another source. If you maintain a blog, for example, you can copyright your content regularly to ensure your work is protected. Note that in order to copyright the design and the content of a website you will have to file two separate copyright registrations.

Website code.

Some websites are powered by unique software. Software programs are eligible for copyright protection. If you have written a program for a website you are able to copyright that program. Typically you cannot copyright basic code (HTML, CSS) for a website.

Website business model.

A business model for a website probably is not eligible for copyright protection. If you have invented a new business model or system, it may be eligible for patent protection and you should contact a patent attorney.

Template sites.

If your website is based on a design template, uses little original content and does not have a unique and original software element then you may not want to try and copyright your website. If you use the template to set up a blog, the content of the site would be eligible for copyright protection.

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Disclaimer: The information provided in this site is not legal advice, but general information on legal issues commonly encountered. Click Industries, Ltd. is not a law firm, doesn’t provide legal advice or legal services, and is not a substitute for services of an attorney familiar with your situation. Your access and use of the site is only permitted if you agree to our terms .

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Help: Titles

Determining the title type.

Examples	Select this “Title Type”
Work has only one title	“Title of Work Being Registered”
Song on an album	“Title of Work Being Registered’
Album title (if you are registering the entire album)	“Title of Work Being Registered”
Track title on an album (if you are registering the entire album)	“Contents Titles”
Album title (if you’re registering one track from the album)	“Title of Larger Work”
Episode of a TV series, or podcast	“Title of Work Being Registered”
Title of a TV series, or podcast (if you’re registering one episode from the series)	"Series Title”
One article from a magazine	“Title of Work Being Registered”
Magazine title (if you’re registering one article from the magazine)	“Title of Larger Work”
One book in a series	“Title of Work Being Registered”
Title of a book series (if you’re registering one book from the series)	“Series Title”
Previous or alternative title	"Previous or Alternative Title”

More Information on Title Types

Listed below are explanations of each title type.

• Title of Work Being Registered
• Previous or Alternative Title
• Title of Larger Work
• Series Title
• Contents Title

This is the title of the specific work you want to register. It is the main title by which the work is known. The work to be registered could be one work, a collection of works (such as an album or anthology), or an individual contribution appearing in a larger work (such as one song from an album or one short story from an anthology).

magazine-->

Examples	Select “Title of Work Being Registered” for the title shown in this column	Select another Title Type for related titles as shown in this column (if any)
A novel, song, movie or painting entitled, (no other related title)		n/a
, contains 10 original songs, all of the songs are being registered		Select “Contents Titles” when entering the title of each song on the album
, a short story from the anthology (if you are registering just this short story, rather than the entire anthology)		Select “Title of Larger Work” when entering the title of the anthology
	Select “Title of Larger Work” for (Give the volume, number and issue date here, if applicable)
"Midnight," a song on the album,		Select “Title of Larger Work” for
, an album (if you are registering the whole album)		Select “Contents Titles” for each track title
, one book in a series,		Select “Series Title” for (Give the number within the series here, if applicable)
"Tina Goes Home," An episode of the TV series,		Select “Series Title” for (Give the episode number here, if applicable)

This is the previous or secondary title by which the particular work you want to register may be known. This may include the title in another language.

Examples	Select “Title of Work Being Registered” for the title shown in this column	Select “Previous of Alternative Title” for the title shown in this column
A song, novel, movie or painting entitled, previously known under the title,
A novel entitled, , translated from the French novel,

This is the title of a larger work that contains the work you want to register. For example, if you are registering one track from an album, the title of the track is the “Title of Work Being Registered” and the title of the album is the “Title of Larger Work.”

Examples	Select “Title of Work Being Registered” for the title shown in this column	Select “Title of Larger Work” for the title shown in this column
"Melody in G," a song on the album,
"Running a Marathon," an article published in magazine		(Include the issue date, volume, and number here, if applicable.)
"Why I Live at the A&P," a story from the anthology,

This is the title of a series of works, such as a TV series, a podcast, or a series of books by the same author. Typically, the work being registered is one episode or one installment from the series.

Examples	Select “Title of Work Being Registered” for the title shown in this column	Select “Series Title” for the title shown in this column
, one book in the series,
"Tina Goes Home," a screenplay for one episode of the TV series,	(include the episode number if applicable)
Episode 113: , from a the podcast, Cryptids, Tigers, and Bears, Oh My!	(include the episode number if applicable)

These are the titles of separate and independent works that appear within a larger work.

Examples	Select “Title of Work Being Registered” for the title shown in this column	Select “Contents Titles” for the titles shown in this column
an anthology containing 10 short stories, all of the stories are being registered		, , , , , , , , ,
, contains 10 original songs, all of the songs are being registered		, , , , , , , , ,

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• Sample Dissertation Title Page

Copyrighting your Dissertation

In the United States, you automatically own the copyright in your original creative authorship, such as your dissertation, once it is fixed in a tangible form ( i.e. , written down or recorded). United States law does not require you to include a copyright notice on your dissertation or to  formally register  with the U.S. Copyright Office in order to secure copyright protection over your work. However, there are some benefits to including a copyright notice and registering your work. See the  Copyright Guide  for more information or to schedule a consultation.

Including a Copyright Page in your Dissertation

Including a copyright page in your dissertation is optional but recommended. For details on how to format the copyright page, consult the  PhD Dissertation Formatting Guide  and the  PhD Dissertation Formatting Checklist .

Dissertations Based on Joint Work

• For dissertations based on joint work with other researchers, a unique and separate dissertation must be presented by each degree candidate. You must include a concise account of your unique contribution to the joint work, and remainder of the dissertation must be authored solely by you. Authorship of an entire dissertation by more than one degree candidate is not allowed.

Using Your Own Previously Published Material in Your Dissertation

University of Pennsylvania  policy  allows you to include your own previously published work or articles submitted for publication as part of the dissertation with the following conditions:

• You must obtain approval of the dissertation committee and Graduate Group Chairperson.
• You must obtain written permission from the copyright owner, which may be the journal, publisher, and/or any co-authors, unless you are the sole copyright holder (depends on your publishing agreement).
• You must upload any permission letters in ETD Administrator as an  Administrative Document  titled “Permission Letter – Do Not Publish.”
• Your dissertation must be formatted as a single document with consistent formatting and styles throughout. If you are using multiple previously published articles, make sure to make the formatting consistent with the rest of the document.

When using previously published or in press work, you must disclose this information in your dissertation in the following format :

• Under the Chapter title, list the full citation for the previously published/in-press article in the citation style used in your Bibliography.
• If it is a jointly authored article, describe your contribution to the work in a separate sentence.

Using Other Copyrighted Material in Your Dissertation

If you use third party copyrighted material (images, quotations, datasets, figures), you are responsible for re-use of that material (see the  Policy on Unauthorized Copying of Copyrighted Media ). In many cases, you may be able to use copyrighted material under the “ fair use ” provision of U.S. copyright law. Consult the  PhD Dissertation Formatting Guide  and the  PhD Dissertation Formatting Checklist  for information on how to submit written permission from a copyright holder. Typically, you will need to request a permission letter and upload the letter as an  Administrative Document  in  ETD Administrator .

If you still have questions regarding copyright and “fair use” refer to the  Penn Libraries Copyright Guide  or email  [email protected]  for further support.

Patent and Intellectual Property

Any inventions that you make as part of your research for your degree and disclosed as part of your dissertation, and any patent or other intellectual property rights arising therefrom, are governed by the policies of the University of Pennsylvania, including the  Patent and Tangible Research Property Policies and Procedures  and  Policy Relating to Copyrights and Commitment of Effort for Faculty.  For more information, please contact the  Penn Center for Innovation .

There are strict deadlines under U.S. and international law regarding the timing for filing patent applications and the public availability of your dissertation. Contact the  Penn Center for Innovation  to discuss whether there might be a patentable invention disclosed in your dissertation prior to deposit of your dissertation.

Frequently Asked Questions

Do i have copyright over my dissertation .

Yes. According to US Copyright law, you have copyright immediately and automatically over any of your new, original works in a “fixed, tangible form” ( i.e. , written down, recorded, etc.). You do not need to register or to include a copyright symbol © or any other formal marks to secure your copyright, though there are some benefits to doing so. See the  Copyright Guide  for more information or email  [email protected]  for further support.

Should I register the copyright in my dissertation with the U.S. Copyright Office? 

It depends on what you want to do with your dissertation. There are  some benefits to registering the copyright  in your dissertation depending on your future goals. However, keep in mind that you automatically have copyright over your dissertation without formally registering. To learn more about formally registering the copyright in your dissertation, see the  Copyright Guide  or schedule a consultation.  

Should I pay ProQuest to register my copyright?

Note that you already have copyright over your dissertation, but if you would like to  formally register your copyright with the U.S. Copyright Office , you can pay ProQuest to do it for you (you will have the option in ETD Administrator). For less cost, you can register it yourself on the  copyright.gov  web page. Information on registering your copyright is available in the  Copyright Guide . Please keep in mind that if portions of your dissertation are comprised of previously published co-authored material,  you cannot  register your copyright through ProQuest. 

What is a Creative Commons license?

A copyright license grants permission for someone else to use your copyrighted work.  A  Creative Commons  license is one type of copyright license. It works hand in hand with your copyright. It is not an independent type of copyright. By using a Creative Commons license you are telling the world under what circumstances they are able to use your work without asking your permission each and every time.  You can only add a Creative Commons license to your work if you are the copyright holder, and have not transferred your rights to someone else (like a publisher).

You may choose to apply a Creative Commons license to your dissertation by adding it to the copyright notice page; see the  PhD Dissertation Formatting Guide  for an example. V isit the  Creative Commons website  to review all the licenses in full detail and select one that fits your needs. 

Refer to the  Services for Authors Guide  or  schedule a consultation  to learn more about using a Creative Commons license on your dissertation.

I want to use copyrighted materials in my dissertation. Is that okay?

It depends. If the materials you wish to incorporate into your dissertation are copyrighted, you will need to do a  fair use analysis  for each item you use to determine if you can proceed without getting permission. If you do not feel that you can make a good “fair use” case, you will need to  request permission  from the copyright holder and provide all permission letters as  Administrative Documents  in ETD Administrator. Just because you are using the work for educational purposes does not automatically mean that your work is “fair use” or that you have permission to use the work.  Request a consultation  to learn more about fair use and other copyright considerations.

I want to use my own previously published materials in my dissertation. Is that okay?

It depends. If the materials you may wish to incorporate into your dissertation are published in a journal or other publication, you may need to seek permission from the journal, publisher, or any co-authors. These permission letters must be uploaded as supplementary material in ETD Administrator before the deposit date. Please refer to your publication agreement for further information.

Additionally, using previously published materials as part of your dissertation requires approval of the dissertation committee and Graduate Group Chairperson.

I would like to know more about publishing, copyright, open access, and other/related issues. How can I find out more?

The Penn Libraries offers a range of workshops and presentations on these topics (and other digital skills related topics)  throughout the year . Groups can request a number of these workshops for classes or other group settings. For personal discussions about copyright, fair use, Creative Commons, scholarly publishing, and other related topics, please  contact your subject librarian  for support and further referrals. For more general information about these and related topics, review the  Penn Libraries’ guides  by keyword or subject.

Are Book Titles Copyrighted?

Book titles play a crucial role in attracting readers and creating a lasting impression. They serve as a window into the content of a book, giving potential readers a glimpse of what they can expect. However, it is important for authors to be aware of copyright law when choosing a book title. Copyright law protects original works of authorship, including literary works such as books, and it is essential for authors to understand how it applies to their book titles.

Choosing a book title may seem like a simple task, but it is not without legal implications. Copyright law grants exclusive rights to authors, allowing them to control the use and distribution of their works. This includes the title of a book, which can be considered an original work of authorship. Therefore, authors should be aware of copyright law to ensure that their chosen book title does not infringe upon the rights of others.

Key Takeaways

• Book titles are subject to copyright law, just like any other creative work.
• Copyright protection applies to original works of authorship, including book titles.
• Book titles can be copyrighted if they are original and creative enough to meet the requirements for copyright protection.
• To determine if a book title is copyrighted, you can search the Copyright Office’s database or consult with a copyright attorney.
• Copyright and trademark protection are different, and it’s important to understand the distinctions when it comes to protecting book titles.

Understanding Copyright Law and Book Titles

Copyright law is a legal framework that grants authors exclusive rights to their original works of authorship. It is designed to protect the rights of creators and encourage the creation of new works. In the context of book titles, copyright law applies to the title as an original work of authorship. This means that authors have the right to control the use and distribution of their chosen book title.

The purpose of copyright law is to incentivize creativity by granting authors exclusive rights to their works. By protecting these rights, copyright law encourages authors to create new and original works without fear of unauthorized use or infringement. In the case of book titles, copyright law ensures that authors have control over the use and distribution of their chosen title, preventing others from using it without permission.

What is Copyright Protection?

Copyright protection grants authors exclusive rights to their original works of authorship. These rights include the right to reproduce, distribute, display, and perform the work, as well as the right to create derivative works based on the original. In the context of book titles, copyright protection allows authors to control the use and distribution of their chosen title.

Copyright protection provides several benefits for authors. Firstly, it gives authors the right to control how their works are used and distributed, allowing them to profit from their creations. Secondly, it provides legal recourse in case of infringement, allowing authors to take action against those who use their works without permission. Finally, copyright protection helps to establish the author’s reputation and credibility, as it signifies that the work is original and protected by law.

Can Book Titles be Copyrighted?

Question	Answer
Can book titles be copyrighted?	No, book titles cannot be copyrighted.
What can be copyrighted in a book?	The content of the book, including the text, illustrations, and other original creative elements.
What is the purpose of copyright law?	To protect the rights of creators and encourage the creation of new works.
What is fair use?	A legal doctrine that allows limited use of copyrighted material without requiring permission from the rights holder.
What are some examples of fair use?	Criticism, commentary, news reporting, teaching, scholarship, and research.

The question of whether or not book titles can be copyrighted is a complex one. In general, copyright law does not protect titles, names, short phrases, or slogans. However, there are certain circumstances in which a book title may be eligible for copyright protection.

For a book title to be eligible for copyright protection, it must meet certain criteria. Firstly, it must be original and creative, meaning that it is not a common or generic phrase. Secondly, it must be fixed in a tangible medium of expression, such as a book or manuscript. Finally, it must not be functional or utilitarian in nature.

While copyright law may not protect all book titles, authors should still exercise caution when choosing a title. Even if a book title is not eligible for copyright protection, it may still be protected under trademark law. Therefore, authors should conduct a thorough search to determine if their chosen title is already in use or protected by trademark.

How to Determine if a Book Title is Copyrighted

To determine if a book title is copyrighted, authors can conduct a search using various resources. One option is to search the U.S. Copyright Office’s online database, which contains records of registered copyrights. Authors can search by title or author name to see if their chosen title has already been registered.

Another option is to search online book retailers and databases, such as Amazon or Goodreads, to see if there are any books with the same or similar titles. This can give authors an idea of whether their chosen title is already in use.

Additionally, authors can consult with a copyright attorney or intellectual property expert who can help them navigate the complexities of copyright law and determine if their chosen title is eligible for copyright protection.

The Differences Between Copyright and Trademark Protection

While copyright protection and trademark protection are both forms of intellectual property protection, they serve different purposes and offer different types of protection.

Copyright protection grants authors exclusive rights to their original works of authorship, including books and other literary works. It protects the expression of ideas rather than the ideas themselves. Copyright protection is automatic upon creation of the work and does not require registration, although registration provides additional benefits.

Trademark protection, on the other hand, protects words, names, symbols, or logos that are used to identify and distinguish goods or services in commerce. Trademarks are used to indicate the source of a product or service and can include brand names, logos, slogans, and even colors. Trademark protection requires registration with the appropriate government agency.

Authors should be aware of both copyright and trademark protection when choosing a book title. While copyright protects the content of the book itself, trademark protects the title as a brand identifier. Therefore, even if a book title is not eligible for copyright protection, it may still be protected under trademark law.

The Importance of Protecting Book Titles

Protecting book titles is important for several reasons. Firstly, it allows authors to establish their brand and reputation. A unique and memorable book title can help authors stand out in a crowded market and attract readers. By protecting their chosen title, authors can ensure that others do not use it to capitalize on their success or confuse readers.

Secondly, protecting book titles helps to prevent confusion and infringement. If multiple books have the same or similar titles, it can lead to confusion among readers and dilute the author’s brand. By protecting their chosen title, authors can prevent others from using it without permission and maintain control over their brand identity.

Finally, protecting book titles can help authors monetize their works. By having exclusive rights to their chosen title, authors can license or sell the rights to use the title to other publishers or media outlets. This can provide additional income streams and opportunities for authors to reach new audiences.

How to Avoid Copyright Infringement with Book Titles

To avoid copyright infringement with their book titles, authors should take several steps. Firstly, they should conduct a thorough search to determine if their chosen title is already in use or protected by copyright or trademark. This can be done by searching online book retailers, databases, and the U.S. Copyright Office’s online database.

If a similar title is found, authors should consider choosing a different title to avoid potential infringement. Even if a book title is not eligible for copyright protection, it may still be protected under trademark law. Therefore, authors should consult with a copyright attorney or intellectual property expert to ensure that their chosen title does not infringe upon existing rights.

Additionally, authors should be mindful of the content of their book and avoid using copyrighted material without permission. This includes using copyrighted quotes, song lyrics, or other copyrighted works in their book titles.

What to Do If Your Book Title is Infringed Upon

If an author’s book title is infringed upon, there are several legal options available. Firstly, the author can send a cease and desist letter to the infringing party, demanding that they stop using the title and potentially seeking damages for any harm caused.

If the infringing party does not comply with the cease and desist letter, the author may choose to file a lawsuit for copyright infringement. This can result in a court order to stop the infringing use and potentially award damages to the author.

It is important for authors to consult with a copyright attorney or intellectual property expert if their book title is infringed upon. They can provide guidance on the best course of action and help authors navigate the legal process.

The Importance of Respecting Copyright Law with Book Titles

In conclusion, authors should be aware of copyright law when choosing a book title to ensure that they do not infringe upon the rights of others. Copyright law protects original works of authorship, including book titles, and grants authors exclusive rights to control the use and distribution of their works.

While not all book titles are eligible for copyright protection, authors should still exercise caution and conduct a thorough search to determine if their chosen title is already in use or protected by trademark. By respecting copyright law and protecting their chosen title, authors can establish their brand, prevent confusion and infringement, and monetize their works.

Ultimately, understanding copyright law and its implications for book titles is essential for authors who want to protect their creative works and build a successful career in the publishing industry.

If you’re interested in copyright law and its implications for book titles, you might also find the article on intellectual property rights in the field of immigration law by SGTLawyer quite intriguing. This informative piece delves into the complexities surrounding copyright protection for various aspects of immigration-related materials. To further expand your knowledge on legal matters, you can explore their resources section, which offers a wealth of valuable information on a wide range of legal topics. Additionally, if you’re interested in environmental law and its connection to copyright issues, SGTLawyer has an insightful article that explores the intersection between these two areas.

What is copyright?

Copyright is a legal right that grants the creator of an original work exclusive rights to its use and distribution.

Are book titles copyrighted?

No, book titles are not generally protected by copyright law. However, they may be protected by trademark law if they are used to identify a particular brand or series of books.

Can I use a book title for my own book?

Yes, you can use a book title for your own book as long as it is not trademarked and does not infringe on the original author’s rights.

Can I use a book title for my business or product?

It depends on whether the book title is trademarked or not. If it is trademarked, you cannot use it without permission from the trademark owner. If it is not trademarked, you can use it as long as it does not create confusion with the original book or author.

What happens if I use a trademarked book title without permission?

If you use a trademarked book title without permission, you may be sued for trademark infringement. This can result in legal fees, damages, and an injunction preventing you from using the title in the future.

Can I copyright my own book title?

No, you cannot copyright a book title. Copyright law only protects original works of authorship, such as books, music, and artwork. However, you may be able to trademark your book title if it is used to identify a particular brand or series of books.

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Thesis / dissertation formatting manual (2024).

• Filing Fees and Student Status
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• Electronic Thesis Submission
• Paper Thesis Submission
• Formatting Overview
• Fonts/Typeface
• Pagination, Margins, Spacing
• Paper Thesis Formatting
• Preliminary Pages Overview
• Copyright Page
• Dedication Page
• Table of Contents
• List of Figures (etc.)
• Acknowledgments
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Copyright page

The use of copyright notice is the prerogative of the copyright owner and does not require advance permission from, or registration with, the U.S. Copyright Office. The use of such notice is highly recommended , because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication.

Generally speaking:

• You should include a copyright statement for yourself for this manuscript.
• You must list copyright holders ​if any portion of your manuscript has been previously published (by you or by another author). See the using previously published materials overview .
• If a copyright statement is not being included, insert a blank page as a substitute. The UCI Libraries strongly recommends that you include a copyright statement.
• Please read the Copyrighted Materials sections (found in the tabs on the left-hand side of this page) for more information.

The notice must contain the following three elements:

• The symbol © (the letter in a circle), or the word "Copyright"
• The year of publication (i.e., the year in which you are filing your manuscript)
• The name of the copyright owner (i.e., your name as it appears on the title page)

Example: © 2015 John Doe

Copyright page example

Here is an example Copyright Page if the thesis/dissertation author is the only copyright holder listed.

If you need to list other copyright holders for other material included in your manuscript, those should be listed above your copyright for your graduate manuscript. Here is an example of a copyright page section with multiple copyrights listed:

• << Previous: Title Page
• Next: Dedication Page >>
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A place to discuss just about everything in the world of indie books. *Not* a place for self-promotion.

Has anyone dealt with copyright or trademark claims over the titles or subjects of your books?

I'm working on my first draft right now and a big part of the book is the title, which I honestly think is a terrific hook which will generate interest. I already have plans to expand into an ongoing series using this title. I googled it last night and of course there are already a few examples of this title out there. However, none of them are competing books or anything like that. There is a relatively unknown European techno band which released an album with this as the title, a tabletop RPG from a few years ago, and there was an event at a museum not long ago using similar wording. Nothing major.

Do I run any real risk of a cease and desist order if I self publish something with a similar name to any of these? I'm honestly not terribly worried about it, I just don't want to get moving in my series only to run into problems after the fact, if the first book gets any traction.

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