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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?

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?

Posted - April 3, 2019

Responses


  • 17614
    "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."
     


    https://blogs.findlaw.com/celebrity_justice/2015/05/cease-and-desist-bch-omarosa-v-pettifleur-book-battle.html
    This post was edited by Thriftymaid at April 3, 2019 6:46 PM MDT
      April 3, 2019 6:41 PM MDT
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  • Thanks. I've noticed that in the world of popular music. 
      April 3, 2019 6:45 PM MDT
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