Discussion»Questions»Legal» If I were to publish a book on black-and-white photography and title it Fifty Shades of Grey, would I be infringing on someone's copyright?
"Copyright infringement protects works of authorship, but identifying words, names, and symbols, such as titles, are trademarks. You can't copyright a title, so we'll focus on trademark infringement instead.
Title Trademark?
First of all, you can't trademark the title of a single book. You just can't. Under sections 1, 2, and 45 of the Trademark Act, "the title, or a portion of a title, of a single creative work must be refused registration ... unless the title has been used on a series of creative works."
So, J.K. Rowlings' Harry Potter series title could be trademarked, but Omarosa's single book title cannot."