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EBook Copyrighting... LegalZoom?

by art72
3 replies
As I am currently compiling content and structuring some writings for an eBook, a few questions arose that could effect the writing itself, as much of the content will be structured around the chosen "title" and "sub-titles" within the book.

While this spawned from a 'similar' recent thread, my concerns were a bit differing, so it didn't seem appropriate to 'bombard' someone else's thread with my question(s).

I had found that LegalZoom offers a 3-step copyright service for writers...

1.) Is it advisable to use a legal Copyright service for an eBook before releasing/publishing it?

or

Does an eBook have a 'similar' legal copyright as the unique/original content we "self-publish" on our websites/blogs automatically?

2.) Finally, can a "Title" of an eBook be subject to copyright laws?

*I was under the impression as long as there is not a "Trademarked" entity within the title, the titles themselves cannot be copyrighted.:confused:

Understandably, these are to a degree legal questions, but I just wanted to be prepared with 'some' basic understanding of how publishing an eBook's Title can be searched against the vast number of existing "Titled" digital goods on the market already and the legalities, if any?

*Unlike the 'other' thread, I am not naming names or using questionable images. At best, I may site website references, show screenshots, specific to siting the source of the information discussed within the writings.

So, before getting too much deep into the writings themselves, these questions beckoned.

Again, the writings are structured (and almost dependent) on the contextual flow of the title and sub-titles I had already preconceived. Each chapter will have a lesson (of sort) associated to a metaphorical 'plot' to emphasize and bring a visual element drawn from the title(s).

My concern is; I don't want to "copy" someone's "title", but how would I know if I did accidentally?

Meanwhile,

[Potential first time eBook author proceeds to whipping oneself for not knowing the above...]

Thanks.

-Art
#copyrighting #ebook #legalzoom
  • Profile picture of the author godinu
    1) not necessary, as long as you have means to prove yours is the original version. You can copyright it if you want, but in a court, if you can prove you were first, you win.

    2) Titles cannot be copyrighted, but you shouldn't used a trademarked name within it (for instance, you wouldn't have legal right to release your own Harry Potter book).

    Re: copying someone's title: that's allowable but not recommended. The best thing you can do is just google search your pending title and see what other books are out there by that name, if any.

    note: I'm not a lawyer so this isn't genuine legal advice, but I have done a lot of intellectual property protection for others over the past 15 years.
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  • Profile picture of the author Alexa Smith
    Banned
    Originally Posted by art72 View Post

    Understandably, these are to a degree legal questions
    Agreed.

    I think the degree might be Ll.M., or J.D., or something ...

    Originally Posted by art72 View Post

    Does an eBook have a 'similar' legal copyright as the unique/original content we "self-publish" on our websites/blogs automatically?
    I believe so.

    I believe that with the content of an ebook, just as with anything else you write yourself, you own the copyright the minute you finish writing it. Registering the copyright with an "official agency" (whether you use a service to do so, or do it yourself), is just a way of being able to produce evidence of that, if it's required later.

    Originally Posted by art72 View Post

    can a "Title" of an eBook be subject to copyright laws?
    I believe not. I think copyright doesn't exist in titles.

    I'm not a lawyer, but possibly willing to play one in a movie if the fee's right (but not a prosecutor, please).
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  • Profile picture of the author Dan C. Rinnert
    Your content is copyrighted upon creation. For additional copyright protection, you'll want a registered copyright. Registering gives you additional benefits if you ever had to go after someone for copyright infringement.

    To register your copyright, you could use LegalZoom and pay $149, or you could go directly to U.S. Copyright Office, read the basics on copyright so you know how to fill out the form correctly, and register it yourself for $35.

    U.S. Copyright Office - Online Services (eCO: Electronic Copyright Office)

    Titles cannot be copyrighted. They can sometimes be trademarked, but they have to meet certain criteria for that to happen.

    If you want to avoid using someone else's title, you can search online, Amazon.com and look for existing books with your title. You could also do a trademark search to see if it happens to be trademarked.

    Of course, for definitive answers, talk to a lawyer.
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