If I wanna copyright a name, how do I know if it's available?

Question

Is there a sight on the computer to see what names are being used?-(Garfield, Heathcliff, Peanuts, etc.) how much does it cost to copyright a name? could I copyright it here on the net with my "visa"? (I'm doing comics, but already have a name for them.)

Answer 1

try this
http://www.copyright.gov/
or

registermycopyright.com

Answer 2

Hi,

copyright laws are very complex and sometimes very strange. Certainly with book titles there is no way to copyright a name. If you wanted, you could, say, use the title of a known book e.g. 'Dreamcatcher' (by Steven King) and write a story and market it under that name, provided you did not make it 'appear' that it was the same book written by Steven King (like having a name 'Stephen King', or similar.

However, when certain characters become popular, as many have, and there are marketing rights to protect, the law allows that the name can be protected (Superman, Spiderman, etc.) This is not 'copyright' but Brand registration or 'Trade Mark' registration.

If you have a series name in mind a first step should be a general enquiry on the internet, which should bring up any others publishing and using the name you have chosen. If you have no obvious clash with another publisher, then you can get your comic published...if there is, somewhere, an existing comic, essentially the same as yours you will be told...immediately!

This does not necessarily mean you cannot use the name, just that you have an existing series that predates yours. If the characters and story lines are different you will still be allowed to publish...however, if they are essentially the same, you won't.

Sorry I can't be clearer on this, but it IS a very complex system of rights and laws that have to be determined on a case by case basis.

Good luck with the comics, anyway.

p.s. You will be unable to register your idea on the net because each registration for copyright has to be forwarded to the copyright office for their evaluation, you can not do this without a hard copy for them...sorry.

Cheers,

BobSpain

Answer 3

The comic itself would certainly be a copyright work, but copyright does not apply to a name in its own right.

It may be possible to get a trademark on the name, and there are also rules that protect a name from your competitors that do not require registration (this is called 'passing off').

There's a really good fact sheet on the subject that should make everything a lot clearer at http://www.copyrightservice.co.uk/copyright/p18_copyright_names
The same site also would allow you to register the comic online (yes you can even pay with your Visa).

So 'how much does it cost to copyright a name?' - Sorry, you can't - but passing off rules or trademark may work for you.

Answer 4

You are actually asking for two different things. You are wanting to Trademark your series name and then register your Copyright for each strip/book/etc. I assume.

If you are going to try and trademark your series logo, name, etc. you should probably use the Trademark Electronic Search System(TESS) on the USPTO site. You'll need $75-$300 or more and may need a lawyer.

It is more important to register your copyrighted material with the Copyright Office, IMO. It only cost $45, you can batch register as many sheets as you have, and it gives you broader legal protection than the trademark laws alone allow for.

From the USCO
"Copyright protects original works of authorship... A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others."

Copyright exists from the moment the work is created. You will need to register prior to any infringement, however; if you are ever forced to bring a lawsuit for infringement of a U.S. work.

You may also wish to look at "The Handbook of Pricing and Ethical Guidelines" the Graphic Artists Guild, Chapter 1, et al.

Answer 5

You have to go to a patient attorney. They do a search in Washington, then if no one is using the name,you can apply for a trademark. It cost money every few years to keep it active.

Answer 6

Here is a link to the US copyright office. It should have all the answers you're looking for.

Answer 7

U HAVE 2 REGISTER THROUGH THE GOVERMENT WHICH MEANS U NEED AN ATTORNEYN 2 FINALIZE EVERYTHING, BUT 2 START DO A WEB SEARCH