Titles and copyrights

I am told you can't copyright titles.

And I am told that an editor will probably change yuor title anyway.

Willowmound's right; you can't copyright a title. You can call it The DaVinci Code if you want...

But then an editor will definitely change your title. If you can get one to read it.

Just add the prefix: 'working title' to your title to show you're quite open to title changes and then you're completely protected because you've shown an intention to change it at some point.

You can't copyright titles, but you're not asking about copyrighting YOUR title, you're talking about using copyrighted material as a title. If you're using the title of the song as your title, that shouldn't be a problem, b/c the song's title isn't copyrighted.

OTOH, if you're using some of the lyrics, rather than the song title, as your title, then it gets complicated. In theory, your title could be as long as the entire song's lyrics, and then it would be considered a clear violation of copyright. If it's shorter than that, well, I'm not sufficiently versed in copyright law to answer it for sure, other than to say it's complicated and the so-called rules of thumb are, in my opinion, somewhat unreliable, but then, I'm hugely risk-averse.

For now, just use whatever you want as a working title, and be prepared to change it if the publisher has a problem with it.

JD

Remember that the rules are a little different in England than in the United States. I'd visit the UK Patent Office's Copyright page about music for more details. I can't find anywhere that song titles AREN'T covered. In the U.S. law, it's made very clear that protection doesn't extend to titles . . . but not so much in the UK. It might also make a difference depending on where the songwriter originated versus where it was released. In other words, don't take one answer (or group of answers) on a forum as gospel. Do some digging until you're satisfied or talk with a soliciter who deals in entertainment issues.

JanDarby said:

OTOH, if you're using some of the lyrics, rather than the song title, as your title, then it gets complicated. In theory, your title could be as long as the entire song's lyrics, and then it would be considered a clear violation of copyright. If it's shorter than that, well, I'm not sufficiently versed in copyright law to answer it for sure, other than to say it's complicated and the so-called rules of thumb are, in my opinion, somewhat unreliable, but then, I'm hugely risk-averse.

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I think it's also whether it's a common phrase (that may have become popular BEFORE it was used in the song). An interesting exercise would be to Google each of the prospective titles in quotes. If most of the returned pages are of lyrics of the song, then that's likely infringing in the song's lyrics, otherwise it "may" be okay (IANAL, this is not legal advice, bla bla bla). For example:
"my love don't give me presents"
is definitely something NOT to use as the title of a book.

Willowmound said:

I am told you can't copyright titles.

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It depends on where the title comes from. Something tells me that titles like 'Dungeons & Dragons' or 'Buffy the Vampire Slayer' are copyrighted.

But those are just a few amongst many.

The only reasons I can think of why they would opt for a different title is because it's already used for a similar book or because for some reason they do not find it fitting.

Michael Dracon said:

It depends on where the title comes from. Something tells me that titles like 'Dungeons & Dragons' or 'Buffy the Vampire Slayer' are copyrighted.

But those are just a few amongst many.

The only reasons I can think of why they would opt for a different title is because it's already used for a similar book or because for some reason they do not find it fitting.

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No, not copyrighted. Trademarked. Big difference legally. Copyright infringement is difficult to prove in court, but big companies will go after you big time if you use their trademarked material without the proper permissions.

Title

Just use the catchiest title you can. If there's a conflict, the publisher will change it, which is why you won't see other books out there with the title The Da Vinci Code.

But always give a piece the catchiest title you can possibly come up with. If the editor (or agent) is ploughing through a stack of slush, s/he is looking for every feasible excuse to get the torture over with as quickly as possible. Don't give the poor dear too easy an out! A good title keeps a reader intrigued enough to wonder how the heck the title's going to come into play.

My fave to date (if I recall correctly): Chip Delany's "We, in Some Strange Power's Employ, Move On a Rigorous Line." It's about a repair/install team for an electricity supplier in the future -- honest.

Gentle Moderator, would you please add this to the FAQ list in your copious spare time? By my count, this is the fourth time this topic has been raised in the last three months.

Short answer: Titles are prone to be changed, so don't get "married" to a title no matter what its source.

Longer answer: Titles cannot be copyrighted (in either the US or UK). Under certain circumstances, titles can become trademarks; although only series titles can get a trademark registration under US law, registration is not a requirement for trademark protection.

Fundamental principles:
(1) Represent your work accurately without trying to unfairly compete with, allude to, or piggyback on someone else's work. It's vastly, vastly more important to have good text than a good title, anyway. A catchy title that misrepresents the work is more likely to turn off editors and agents than is a bland title for a good book.

(2) There is no magic/secret method of unlocking the enthusiasm of editors and agents. That specifically includes "the perfect title." Get over it and write a good book.