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Domain name and possible copyright issue?

by swilliams09
7 replies
I came up with an idea for a website and bought the domain name. I found the software I need to make it work the way I want to, but I haven't purchased it yet. When bouncing the idea off of one of my friends, they informed me that a quick google search returned a book with the same title as my website that covered basically the same topic. Would I be in violation of copyright laws by creating this site? Should I expect legal action? Is it even worth moving forward at this point?
#copyright #domain #issue
  • Profile picture of the author donhx
    Originally Posted by swilliams09 View Post

    I came up with an idea for a website and bought the domain name. I found the software I need to make it work the way I want to, but I haven't purchased it yet. When bouncing the idea off of one of my friends, they informed me that a quick google search returned a book with the same title as my website that covered basically the same topic. Would I be in violation of copyright laws by creating this site? Should I expect legal action? Is it even worth moving forward at this point?

    I'm not a lawyer, but I can say conclusively that book titles cannot be copyrighted. You are in the clear on that. Details here: http://www.copyright.gov/help/faq/faq-protect.html

    However, some big-time authors Trademark their titles, in which case you'd have issues.

    Check here to search and see if the title you want has been trademarked: Trademark Electronic Search System (TESS)
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    • Profile picture of the author swilliams09
      Originally Posted by donhx View Post

      I'm not a lawyer, but I can say conclusively that book titles cannot be copyrighted. You are in the clear on that. Details here: U.S. Copyright Office - What Does Copyright Protect? (FAQ)

      However, some big-time authors Trademark their titles, in which case you'd have issues.

      Check here to search and see if the title you want has been trademarked: Trademark Electronic Search System (TESS)
      Thank you, I will defiantly look into that. I'll also consult with an attorney at some point if I feel it's worth pursuing.

      *edit* The title is not trademarked. But from my research, it was a fairly popular book and like I said our concepts are similar. I'm not sure how to proceed. Some say its better to ask forgiveness than permission, but those people probably can afford lawyers. Gonna mull it over.
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  • Profile picture of the author Jason Perez O'Connor
    Sorry I can't really help with legal issues.

    On the other hand, I remember your post a while back where you explained your skills and then did a limited service for people in the warrior forum. I remember you saying that you were overwhelmed by the amount of orders.

    I see since then you have made a website and an order form etc. How has it gone since? business gotten better?

    Hope its going well
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    • Profile picture of the author swilliams09
      Originally Posted by Jason Perez O'Connor View Post

      Sorry I can't really help with legal issues.

      On the other hand, I remember your post a while back where you explained your skills and then did a limited service for people in the warrior forum. I remember you saying that you were overwhelmed by the amount of orders.

      I see since then you have made a website and an order form etc. How has it gone since? business gotten better?

      Hope its going well
      Thanks! It has. Actually my offline work has taken off as far as video production goes, which is why I haven't been pursuing work here on the forums. Offline pays much much more. I'm still doing work for warriors as well, I've just cut back on the number of jobs I'm taking.
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  • Profile picture of the author Gail Ogden
    Have you ever gone to a library noticed that there is sometimes more than one book with the same name? The content of a book is protected by copyright, but titles of books are not protected by copyright -- UNLESS the author has taken out a trademark on the name. If this is the case they should have the trademark symbol somewhere on the book or website. You want to be sure of this because if it is trademarked they can take action against you.
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  • Profile picture of the author indiatext
    well i believe there shoulb not be any legal issue until and unless you do exactly the same as the other website...
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  • Profile picture of the author clslaw
    If the title is not trademarked and it is popular, you may have a nice opportunity to pick up traffic that you might otherwise not get. Sounds like it could make an interesting e-book.
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