Intellectual Property Law
Ask an Intellectual Property Lawyer. Get an Answer ASAP.
Hello, thank you for your question.
Yes, a good title can help a book peak one's interest in a book; like making a good first impression.
Thus, selecting a good title is important.
No problem here.
Copyright does not protect short phrases, names, or titles (such as title of books or songs).
Trademark LAW / Unfair Competition Law
If you are going to have problems, it will be with Trademark Law or Unfair Competition Law.
Trademarks protect words, logos, short slogans and just about anything a person/company can use that will uniquely identify the source of a product or service.
For example, if your title was: "Rome for dummies", you would likely have trademark issues as such a titles implies you have association with the "for dummies" brand.
Thus, just make sure your title is not confusingly similar to a brand already out there.
IF you are going to be publishing a series of works/books, consider a unique name and register your mark with the USPTO.
If you have any additional questions, please ask.
Yes, that seems to be the issue. Trademark. I don't believe I'll be infringing upon this, as the cover art for my book looks nothing like, say, the album cover that contains the song. Likewise the font or title. It was originally created specifically for my book, and running it through Google image shows no similarities to anything in Google.
Does the fact I'm dealing with two very obscure songs factor in? Or that, say, a place like Rome, with its cities, cannot be "trademarked" by anyone?
I would not worry about the titles of two very obscure songs.
The term "Rome" can be trademarked but not as a name of a city.
For example, "Apple" is a trademark for computers manufactured by a well known company. But this company cannot stop anyone from using the work "Apple" to describe anything but computers.
Same for terms such as "Rome".
Thank you! I think I understand now.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).