question about copyrights

[OogyWaWa]

i've got a question about book title copyrights.

let's say there is a book called: Everyone's Guide to French
and it has a similar title translated into French. This book is a guide for teaching non-French speakers how to speak French. The book is written in French so that it is the anchor language. There is also translated versions to aid those who don't have a teacher to help understand.

Then let's say I want to write a book on how to speak French, but it is only targeted at English speakers. That is to say, Because the book is written in English and directed at english speakers, Spaniards, etc. would have no damn clue what is going on unless they are fluent in English. The books teaching methods, etc. are all original, but the title would be something like: The English Speaker's Guide to French

The titles are extremely similar, but in a way, extremely different. Is this too close to the original title? If the new book is titled as such, would the author be looking at a lawsuit?

Also, please consider the book should fall under international copyright laws.

thanks

edit:
I was able to find this, but, not sure how much it applies to my question: Text

 

[guyver01]

Under the United States trademark law, titles of single works generally cannot be registered as trademarks but titles used in a series may be capable of registration if the marks otherwise qualify.


Legal website link for proof


as far as international... i think it depends on the country.


like... china doesnt recognize any copyrights apparently.. lol... that's how ya get titles like "Harry Shotter and the Sorceres Bone" lol

 

[OogyWaWa]

Originally posted by: guyver01
Under the United States trademark law, titles of single works generally cannot be registered as trademarks but titles used in a series may be capable of registration if the marks otherwise qualify.


Legal website link for proof


as far as international... i think it depends on the country.


like... china doesnt recognize any copyrights apparently.. lol... that's how ya get titles like "Harry Shotter and the Sorceres Bone" lol

yah i found that too. but, lets say this book is a series. everyone's guide to friend Vol 1, Vol2, etc.

I suppose my questions are:
1) can titles as such be trademarked/copyrighted?
2) would my new title be considered infringement?

 

[guyver01]

no clue...

i'm not a lawyer, i just play one on TV.

i'm not a lawyer, but i slept at a holiday inn express last night..

 

[OogyWaWa]

anyone else?

 

[Crono]

"Literary titles, whether a single title or a series title may be protected. Although the copyright law will not protect titles, trademark and unfair competition law may protect these valuable properties. Federal trademark law is particularly useful for publishers who wish to register series titles while trademark common law and unfair competition laws are most suitable for the protection of single titles."

 

[D1gger]

Originally posted by: OogyWaWa
i've got a question about book title copyrights.

let's say there is a book called: Everyone's Guide to French
and it has a similar title translated into French. This book is a guide for teaching non-French speakers how to speak French. The book is written in French so that it is the anchor language. There is also translated versions to aid those who don't have a teacher to help understand.

Then let's say I want to write a book on how to speak French, but it is only targeted at English speakers. That is to say, Because the book is written in English and directed at english speakers, Spaniards, etc. would have no damn clue what is going on unless they are fluent in English. The books teaching methods, etc. are all original, but the title would be something like: The English Speaker's Guide to French

The titles are extremely similar, but in a way, extremely different. Is this too close to the original title? If the new book is titled as such, would the author be looking at a lawsuit?

Also, please consider the book should fall under international copyright laws.

thanks

edit:
I was able to find this, but, not sure how much it applies to my question: Text

IANAL, but I don't believe the titles of those two books in your example are close enough to warrant any fear of copyright infringement. Copyright only applies to wordings that are exact or nearly exact, or as one of the posters mentioned it is a book in a series (for example the "xxxxx for Dummies" series of books. If you tried to publish a "French for Dummies" books you would have a problem.

 

[hanoverphist]

Originally posted by: D1gger

Originally posted by: OogyWaWa
i've got a question about book title copyrights.

let's say there is a book called: Everyone's Guide to French
and it has a similar title translated into French. This book is a guide for teaching non-French speakers how to speak French. The book is written in French so that it is the anchor language. There is also translated versions to aid those who don't have a teacher to help understand.

Then let's say I want to write a book on how to speak French, but it is only targeted at English speakers. That is to say, Because the book is written in English and directed at english speakers, Spaniards, etc. would have no damn clue what is going on unless they are fluent in English. The books teaching methods, etc. are all original, but the title would be something like: The English Speaker's Guide to French

The titles are extremely similar, but in a way, extremely different. Is this too close to the original title? If the new book is titled as such, would the author be looking at a lawsuit?

Also, please consider the book should fall under international copyright laws.

thanks

edit:
I was able to find this, but, not sure how much it applies to my question: Text

IANAL, but I don't believe the titles of those two books in your example are close enough to warrant any fear of copyright infringement. Copyright only applies to wordings that are exact or nearly exact, or as one of the posters mentioned it is a book in a series (for example the "xxxxx for Dummies" series of books. If you tried to publish a "French for Dummies" books you would have a problem.

what about "french for dipshits"? would that be a problem?


on the topic at hand, i really have no idea. im guessing the originality has something to do with it as well, copyrights and trademarks are weighted on the commonness of the use as well as the actual words. i think. i had to take a few courses on copyright and trademark legalities for my degree, but never really have applied any of in in the real world. been 10 years of forgetting.