Unusual copyright question

[Jamie123]

Are there any copyright issues with using the title of a novel as a title for a photo series or a photo book? I'm talking about a somewhat recent novel by a living author.

 

[FrankS]

Don't think so.

 

[CameraQuest]

Are there any copyright issues with using the title of a novel as a title for a photo series or a photo book? I'm talking about a somewhat recent novel by a living author.

talk to a copyright lawyer,
but why invite lawsuits ?

Stephen

 

[Muller]

talk to a copyright lawyer

This.

I think the first thing you'll likely be asked is if you're recreating the book in photographic form.

 

[Jamie123]

This.

I think the first thing you'll likely be asked is if you're recreating the book in photographic form.

It's not really a photographic recreation of a book. I'm doing a small booklet/magazine of some of my photos with a friend of mine and there's a title of a book that I always wanted to use for something. The photographs themselves have nothing whatsoever to do with the content of the book, though. Also, since there are likely just to be a handful of booklets and maybe a section on my website I think speaking to a copyright lawyer would be overkill.
Anyways, I'm not even sure I'll use a book title. Just keeping my options open.

 

[sepiareverb]

I know titles are not copyrighted when dealing with musical albums. Certainly a simple question for a copyright lawyer.

 

[Graham Line]

I'd be more concerned about obscuring the impact of your own project by overlaying it with the title of a well-known book. If the photos send one message and the book sends another, it's excess baggage.

Example: If the title is just simple, common language, like "Gone With the Wind" or "One for the Road," that's a different story. But if it's "The Girl Who Kicked a Hornet's Nest," you have a situation.

 

[Gumby]

The problem can certainly be mitigated by adding "Homage to ..." to the borrowed title.

 

[Jamie123]

I'd be more concerned about obscuring the impact of your own project by overlaying it with the title of a well-known book. If the photos send one message and the book sends another, it's excess baggage.

Example: If the title is just simple, common language, like "Gone With the Wind" or "One for the Road," that's a different story. But if it's "The Girl Who Kicked a Hornet's Nest," you have a situation.

That's really not a problem. Firstly, it's not really a project in the classic sense, secondly, it is simple common language (although it's a bit metaphorical) and, thirdly, neither the book or the author are terribly well known (though he's quite established).

 

[FrankS]

Artists often appropriate existing stuff. (couldn't think of the proper word for the stuff that artists use that already exists)

 

[Steve M.]

You might be thinking of a ready made Frank.

I think the stuff that already exists, until it's used in an art situation, could be called pre-stuff. The flotsam of life. I wonder what a flotsam is?

 

[rbiemer]

You could always ask the author.
Rob

 

[deerstalkr]

The short answer is no, copyright law in most signatories of the Berne Convetion do not protect titles, however there are exceptions, for example if it is a trademark or an attempt to pass off your work as something else.

If you're going to make money it would be a good idea to consult a lawyer who is well versed in copyright.

 

[dave lackey]

Knowledge of copyright laws is essential. However, I wouldn't stress over it as Fred points out. Use common sense once you understand the basics of the law. One can be the object of all kinds of threats of litigation, for anything, but one should not be overly concerned about it.

Hiring a lawyer is a personal endeavor and is essential at times. IMO, you can't consult a lawyer for every thing in life. Educate yourself and strike a reasonable decision. If you become an object of potential litigatin, deal with it. 😉

 

[sdotkling]

Can't copyright a title. There are lots of books with the same title, even on the same topic.