[stylist] Copyrighting titles

Sat Jan 22 15:45:34 UTC 2011

www.loc.gov is where you can find lots of answers but there's  a bit 
of poking around to do. These issues come up in our songwriting org 
from time to time.  Again though you cant' copyright a title, unless 
as we've mentioned, it is made up in special graphic form and then 
the whole bit is trademarked not copyrighted. There is a point, 
probably a vanishing one which only courts would decide in an 
infringement case, that enough text is written to where it is now a 
plagerism or infringement case. For example if I were to  write a 
poem starting with

"Oh I frequently think every now and then,
Of the glorious fruit of the noble hen,
Eggs, eggs, E double G s eggs"

And then go on with some other bit.  I might well gain the attention 
of the current copyright holder of Green Eggs and Ham by way of a 
letter containing their own font written by their attorney.
However if I were to start a poem  with...

"Oh I think every now and then,
All my troubles, they started... I don't know when,
Woa, woa  W o a, woa"

It is not enough of a similar start to set up a case. Now this is a 
simple and perhaps not proportionately accurate  example but you get 
the idea. Now if for example  Green Eggs and Ham were written out in 
a specific unique font, with the first of every line over sized, 
written in Trumpet Bay Blue  font on Sandy Beach White background, 
and I then lifted that set of font/color and start up lines and 
finished my poem in like manner. That could wel lbe a trademark infringement.

A friend of mine who is a cartoonist began  a series of  characters 
and used the Facebook F logo bit, only backwards. I told him

"Dude, you can't do that. That is infringement"

  To which he said. "No it's not its not the same image"

  To which I said. "Oh yes it is, its just backwards, you've lifted 
their bit and turned it around, I'd take that down if   I were you".

He proceeded to think I was over  killing until the Facebook people 
told him to remove it or talk to their attorney. And he is a no name 
cartoonist in the grand scheme of things but he was geting 
attention  by some Facebookers, and since Facebook monitors things, 
they saw that and nipped it quick smart. Facebook can't copyright the 
letter F but given in a certain logo they certainly can. But for 
titles? I'll lay me life on the fact you can not copyright them. 
There are tons of books with the same name out there. Harry Potter 
yes, that too is a trademarked image, and although yes perhaps if I 
were to write a book called Harry Potter and the Midwestern Snow 
People I might get the attention by Ms  Rowling by her glancing the 
title but when she  sees the font isn't the same in the title, then 
opens up and reads it to find Harry Potter is some old Norwegian 
relative of mine living in the minnesota tundra in the 1800 and the 
story is  his geneology and struggle living in the north by  plowing 
and planting  by hand to harvest enough for winter until one year 
their crops busted and they struggled? Ms Rowling wouldn't have a 
hair to stand on  :).

Hope that  helps.

Brad

On 1/21/2011  03:14 PM Nat Barrett said...

>Hi,
>
>I've been following the brief discussion on copyrighting titles. 
>Recently in my writer's group we discussed this.
>
>If I recall, some of my fellow writers commented that titles could 
>not be copyrighted, but catch phrases and specific sayings could be 
>trademarked. I remember a lady in my group, who is a paralegal, was 
>the one to bring that up.
>
>So I want to say, but don't quote me on it, that they mentioned 
>something like Star Wars was trademarked by George Lucas. That's not 
>a 100% certainty, but I remember someone mentioning that as an 
>example. Although I have no idea if this is a legit example.
>
>Anyway, if anyone else can verify my info, that would be helpful. 
>I'm interested to know more regarding the legal stuff.
>
>Natalie
>
>
>
>--------------------------------------------------
>From: "Bridgit Pollpeter" <bpollpeter at hotmail.com>
>Sent: Friday, January 21, 2011 10:53 AM
>To: <stylist at nfbnet.org>
>Subject: [stylist] Copyrighting titles
>
>>I have seen titles replicated so I assume there is not copyright law
>>prohibiting it, but I know you can copyright a catch phrase, like, "The
>>Devil made me do it."  Paris Hilton was able to copyright, "That's hot."
>>Disgusting!  *smirk*  Not sure how this works.
>>
>>What about tag lines or catch phrases like, "Just do it," or, "Be all
>>you can be."  These are copyrighted, I believe.
>>
>>Bridgit
>>
>>
>>_______________________________________________
>>Writers Division web site:
>>http://www.nfb-writers-division.org <http://www.nfb-writers-division.org/>
>>
>>stylist mailing list
>>stylist at nfbnet.org
>>http://www.nfbnet.org/mailman/listinfo/stylist_nfbnet.org
>>To unsubscribe, change your list options or get your account info 
>>for stylist:
>>http://www.nfbnet.org/mailman/options/stylist_nfbnet.org/hawaiianstar%40gmail.com 
>>
>
>
>_______________________________________________
>Writers Division web site:
>http://www.nfb-writers-division.org <http://www.nfb-writers-division.org/>
>
>stylist mailing list
>stylist at nfbnet.org
>http://www.nfbnet.org/mailman/listinfo/stylist_nfbnet.org
>To unsubscribe, change your list options or get your account info for stylist:
>http://www.nfbnet.org/mailman/options/stylist_nfbnet.org/lists%40braddunsemusic.com
>
>
>__________ Information from ESET Smart Security, version of virus 
>signature database 5807 (20110121) __________
>
>The message was checked by ESET Smart Security.
>
>http://www.eset.com
>
>

Brad Dunse

The test of pleasure is the memory it brings. --Jean-Paul Richter

http://www.braddunsemusic.com

http://www.facebook.com/braddunse

http://www.twitter.com/braddunse