Re: Re: Re: Re: Titles and Copyright

Subject: Re: Re: Re: Re: Re: Titles and Copyright

Comments:
: : : : : How flexible is copyright law on titles per se? If I wrote a book with the same title as a popular song or movie could I possibly get in trouble? Or would it be necessary for the work to in some way resemble the song/movie/etc.? : : : : As a student studying English Intellectual Property I was of the belief that copyright didn't subsist in titles (i.e. the de Minis principle from the Exxon case). : : : There are great similarites between UK and US law but differences just as State laws differ from Federal laws. : : : Titles are not covered by copyright in the US. They are not even readily registerable as trademarks. : : : Enforcement of rights in titles is usually under the common law or statutory law of unfair competition. : : What about a list of titles or filenames containing a special scheme of author/title? : : Is the list copyrightable? Is the naming scheme? : : Probably doesn't matter, as even if they are I don't have : : the resources to pursue it - but I would like to know : : if I'm in the "right" or not. : : thanks! : Dear Dood, : You get me confused. You seem to understand then you go off and act as if you don't. : A copyright protects a mode of expression. A list can be copyrighted. The information in the list is free to use and reuse. : See the Telephone Book cases. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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