Monday, July 22, 2013

Protection of book titles


The title is the soul of any book. An effective title can give great success to the author. It can also generate openings for numerous passive income sources from licensing the sale of the book, merchandising, and belongings. The book title should be original. The book title also requires authorization, it requires  ownership and security. If, intentionally or unknowingly, you copy the title from another author, it is a very serious allegation and your reputation can be damaged.

Most commonly, the titles are protected under the laws of trademark, especially the titles of an ongoing series. Chicken Soup for the Soul is a very popular series, and when the name of the series comes in people’s mind, it is from the same author. The unfair competition laws protect such names from getting pirated. Such established series come under the same author’s name and is entitled to publish under the same name. When the series gets established and popular with people, the series writer and publisher can enjoy great success.

Trademark law is here to help the consumers get the right kind of information from the writing market. Depending on the popularity and reviews, the series may be carried forward. The sequel of the movie from the series of the book can be denied or accepted depending on the circumstances. Trademark law gives opportunity to cash in on the commercial management and goodwill of a best selling series book or book title.

The advantages of trademark registration include:
·         Positive notice nationally of the trademark author’s claim.
·         Confirmation of possession of the trademark.
·         Authority of federal courts may be appealed to.
·         Registration can be utilized as a source for getting registration in foreign countries.
·         Registration may be updated with U.S. Customs Service to avoid importation of foreign goods.

While selecting the title of the book, make sure that it is suggestive or arbitrary. You must be careful about the title, as it should not reveal too much of the content, but makes readers intrigued about the book. Suggestive titles are more effective than the too much description titles. Marketing agents like descriptive titles, but such titles do not receive a trademarked level in the market.

Many people believe that book titles tell the complete outline of the story. Depending on the studies done on over 300 popular books in the country, around 75% of booksellers believe that the cover page and a good title are very important in the book. The title must draw the attention of the reader. The disadvantage is that the reader might make an opinion about the book, which could be bad or good. You must try to use an attractive title for the book, which is popular in the market, if you are writing your first book.

You can try the use of numerical records to impress the reader with your book title. You can put proverbs and high quality meaningful words. But do not increase the length of the title far too much.

The book titles of series writing are well protected under trademark law. The single titles of the novel, poem, movie, song, periodical or program is not effectively protected by the unfair competition law. This is one of the idiosyncrasies of trademark law. The law states that “In spite of the true relation of the title to the book,” law handles all single title book as "naturally descriptive" at best and "naturally generic" at worst, except the single title has had “broad range of promotion and tremendous success.”

Famous  names: it is not wrong to use the name of a popular person in a biography, which is produced without the person’s knowledge. But it is illegal in any part of the world to give false facts about that person. It is a violation of the individual’s rights and also a violation of trademark law. False facts and slander claims are wrong practices. A writer could be banned from publishing any further work for this kind of act.


©2012-2013 Claretta Taylor Pam, Innovative Publishers Media Group & Innovative Publishers. All Rights Reserved

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