question on copyrighting the title of my book or DVD
I am going to be coming out with some information products and had a question on copyrighting the title of my book or DVD.
i.e. You have all heard of a book called ''Think and Grow Rich''
Can I create a book titled Build and Grow Rich'' and not get sued.
Another example is a DVD video called ''Stomping the Search Engines''
Can I create a DVD called ''Squashing the Search Engines''
Would either of these titles be in violation of the original copyright?....because I am only changing one word.
Any suggestions and answers are appreciated!
Re: question on copyrighting the title of my book or DVD
What you are talking about is not copyright, it is trademark. Copyright protects the content (i.e., literary and artistic elements) of your products, while trademark protects the names of the products. It sounds to me like you should register the copyright for your products while you are working through the trademark issues.
On the trademark side, you must be cautious since the test is not whether the names are identical, but whether the use of the name is "likely to cause confusion in the marketplace." When you start talking about titles of books/DVDs, it can get even trickier.
Unfortunately, there is no way of answering your question on the limited facts you posted. You need to speak with an attorney that specializes in trademark and copyright matters. Moreover, even after you speak to one, they will not likely be able to answer your question until they conduct a full clearance search.
If you want to discuss further, please feel free to contact me. Although I am located in California, these issues are Federal in nature and I work with clients all over the U.S. in resolving such matters.
Good luck and take care.
