I wrote an essay that was copyrighted & now I am writing a book with the same title,can I use the same name?

Question

I want to use the same name for the book but I already have a copyright for the same name but for a different type of literary work. On the copyright form it asks if the new work is derivative or a compilation but the new work has nothing to do with the essay other than the title and I want a new copyright. Will it be a problem to get a new copyright for the book with the same title?

Answer 1

Titles cannot be copyrighted. And you do not copyright a book when you write it. That is totally amateur and will almost assure you a denial from most publishers and agents.

Your work is copyrighted the moment you write it. It is yours. However, if you purchase a copyright and then send it to a publisher or agent, they get the feeling you don't trust them - that they are out to steal your work. If it is a reputable agent or publisher and you have done your homework and checked them out, nothing could be farther from the truth. Publishers and agents don't steal work.

If a publisher is interested and purchases your work, as a standard clause in a standard contract, they will obtain the copyright for you - in your name - at their expense. That is how it is done in the industry.

What is the surest way to protect your copyright? Show your work to no one and don't publish it on the internet EVER. NOT a single word.

If you go to my profile and look at the Q and A starred answers, you will see that I star all great Q and Q regarding publishing and writing. You can look through them and print out several that you think will help you. I star more all the time. You have to learn to advocate for yourself and to act in a professional manner. This is a good start for you.

Also, I must warn you. Don't fall in love wiht titles. When you sell a manuscript to a publisher, they have the right to edit it as they see fit - including changing the title- without your permission. Part of the rights you sold to them. Publishers know best about these things. They will change a title when they feel another title will be more catchy on the bookstands. Trust them. They know their jobs.


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They're, Their, There - Three Different Words.

Careful or you may wind up in my next novel.

Pax - C

Answer 2

It'd have a title like the books Darkness Visible: A Memoir of Madness, or Touched with Fire: Manic-Depressive Illness and the Artist's temperament. I'm a suitably glum artist. I think my story would be told from a position of neutrality. A matter-of-fact biography. I think it would make people more interested in me, I'd think they'd be surprised and intrigued if maybe pensive, but it wouldn't have a clear cut moral, other than perhaps-- you can't judge someone on their appearance alone." I can imagine people saying, "I never would have guessed that her life was like that!" It might be like reading a Marilyn Monroe bio, people see me too as funny and happy-go-lucky. People struggle so to see where persona ends. Interestingly my rising sign (my public face) is the opposite of me, I'm a Virgo and my ascendant is Pisces. Virgo sun/ Cancer moon/ Libra Mercury/ Aries mars The BQ? As long as its between two consenting adults. Its fine in my book.

Answer 3

The way I understand it, titles can't be copyrighted.

Even if they could, who would sue you? Copyright violation falls under civil law; no government body goes after copyright violators. The only party who could sue you is the copyright holder -- who appears to be you.

Answer 4

The problem may be more in the confusion of people that are looking for your works.

Answer 5

I would think so. After all, it's unlikely you will sue yourself.

Answer 6

yes, u can