Legal Question in Intellectual Property in California

Book, Self Publishing -Copyrights of ''Format or Book Layout''

I am self publishing a book. I found an unusual format style that I would like to use that is currently in a published book. It is in a completely unrelated industry. Their book is about fashion mine is about parenting. I have been researching copyright law and can not find anything about ''book format''. The fashion book clearly states that they have copyrights to content and illustrations. I am using neither. I looked up ''Illustration-Fair Use'' copyright law thinking that perhaps they considered their book format as an illustration. The ''illustration-fair use'' law state� #3... depends on the portion of work used as a whole #4...the negative effect the use of the current illustration has on the market for the existing illustrations. My book is not 100% copy cat of their and more importantly is in an unrelated industry.

After doing all of my research I think that I am not infringing on the previously published books copyright law.

My question: Can I safely mirror their format with out infringing on their copyrights?

Thank you in advance for your opinion.


Asked on 12/24/06, 8:19 pm

2 Answers from Attorneys
Elizabeth L. MacDowell Law Office of Elizabeth L. MacDowell

Re: Book, Self Publishing -Copyrights of ''Format or Book Layout''

If the other author's format falls under the copyright laws, it is not necessary for the author to state that it is protected, or register the design, for it to be a protected work. It is also irrelevant that your book is related to a different industry. (You may be confusing trademark law with copyright in that regard.) But perhaps your design, inspired by the other design, is in itself original and you do not have a copyright problem. To obtain competent advice on the subject, for starters you need to show an attorney your design and the other author's design.

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Answered on 12/25/06, 1:46 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Book, Self Publishing -Copyrights of ''Format or Book Layout''

I think it will boil down to what you mean by "format." That term could embrace a protectable design or elements of design. If your use merely copies layout or mechanical aspects of presenting material, it is less likely to infringe upon a protected right.

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Answered on 12/26/06, 4:02 pm


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