Legal Question in Intellectual Property in California

Can I copyright a title or idea for artwork?

I am writing a book in which I suggest ideas and, I hope, clever titles for artwork. I want my readers to be able to use these ideas any way they wish, including copying the titles for their own work. Is it possible that a reader could copyright one of the suggested titles and prevent other readers from using that title or idea? I would copyright my book, of course, but I am trying to "give away" the ideas and possible titles.

Thanks for your help

Twila


Asked on 7/23/99, 8:19 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

Re: Can I copyright a title or idea for artwork?

More likely is that someone would trademark one of the titles (i.e. use it as a brand name and even perhaps register it as a trademark or service mark)than copyright it. That would be more effective in tieing up the title. The title would be somewhat problematic to protect as a title alone with copyright. The title of a work is only one element that would be looked at to determine if someone has made an unauthorized copy. Titles by themselves are difficult to copyright successfully.

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Answered on 7/26/99, 4:08 pm


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