Legal Question in Intellectual Property in New York

Is it possible for authors to preregister future book title (vol. 3) only without sending the completed book to the copyright office to secure the book title? The book won't be ready until 2017. I want to secure my book title only at this moment.

I also found that an editor copied my book title (vol. 1) in 2014 to write her article title. My book title appeared in my domain registration and homepage which I posted since 2012 for advertisement. I registered the book copyright in Jan. 2015 since the book was published in Dec. 2014.

Can I ask the editor to remove my book title which the editor copied and used as her journal title from her homepage with my domain registration information (2012) for the book title?


Asked on 1/22/15, 8:15 pm

1 Answer from Attorneys
Frank Natoli Natoli-Legal, LLC

I think there might be some confusion here. Book titles are not protectable under copyright. I'm sure you noticed that there are many books that have the same tittle right?

Titles to creative works MAY be protected under trademark law, BUT not for single creative works. That is, they must be part of a series, e.g., Harry Potter, etc.

I would discuss your objectives over with a lawyer in private and figure out a best course of action.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 1/23/15, 7:15 am


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