titles of dissertations and books cannot be copyrighted

Can a Book Title be Copyrighted?

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Copyright vs. Trademark

Why You Can't Copyright Book Titles
Other Works You Can't Copyright
Trademarking a Book Title
Do a Search First

Jean Murray, MBA, Ph.D., is an experienced business writer and teacher. She has taught at business and professional schools for over 35 years.

A great title can make a book. If you are writing a book and you have an idea for a title, you probably are searching to see if anyone else has your title. If no one has your book title, you may want to protect it by copyrighting it. Well, you can't do that. But there's an alternative.

First, consider the difference between copyrights and trademarks. Copyrights protect original works of authorship, including books, plays, movies, music, poetry, song, computer software, and architecture.

Trademarks protect words, phrases, symbols, and/or designs that set apart the goods of one party from those of others. A service mark is the same thing for services.

One big difference between copyrights and trademarks is that you can have copyright protection as soon as the work is published, but you must register and get approval to have trademark protection.

Book Titles Typically Can't Be Copyrighted

The U. S. Copyright Office is the U.S. agency that processes and registers copyright applications. Copyright doesn't protect names, titles, slogans, or short phrases. That includes domain names, which are assigned by the Internet Corporation for Assigned Names and Numbers (ICANN) , through accredited registers.

Book titles are among the list of things that can't be copyrighted. Titles aren't considered intellectual property but are only "short phrases," which are not eligible to be copyrighted. The Copyright Office doesn't want titles to be restricted to one book; there may be other works in which the title may be equally usable and appropriate.

An Example: McGraw Hill published a book titled PT 109: John Kennedy in World War II and they attempted to bar Random House from publishing a book titled John F Kennedy & PT 109 . The case was taken to court, which found that the words "PT 109" and "John Kennedy" were descriptive or generic terms and therefore not able to be copyrighted. The Court said, "no one has a right to avail himself of another's favorable reputation in order to sell his own goods."

Another Example: Garden of Beasts

In another example, in 2004, Jeffrey Deaver wrote a book titled " Garden of Beasts ," a novel set in Berlin around the time of the 1936 Olympics.

More recently, in 2011 Erik Larsen wrote a non-fiction book set in Berlin in the same time period. Its title is " In the Garden of Beasts ." Since Deaver could not copyright his title, we are left with two books with almost identical titles, to confuse us.

Other Things You Cannot Copyright

Just to be clear, here are some other things you cannot copyright:

Names of products or services
Names of businesses, organizations, or groups (including the names of performing groups)
Pseudonyms of individuals (including pen or stage names)
Titles of works
Catchwords, catchphrases, mottoes, slogans, or short advertising expressions
Listings of ingredients, as in recipes, labels, or formulas. When a recipe or formula is accompanied by an explanation or directions, the text directions may be copyrightable, but the recipe or formula itself remains uncopyrightable.

An Alternative: Trademarking a Book Title

A trademark is more difficult to get than a copyright, but you might be able to trademark a book title. The U.S. Patent and Trademark Office is the federal agency that processes and approves trademark applications.

Even if you can't copyright a book title, or the other items listed above, you may be able to register the title as a trademark. The trademark office looks at whether your trademark might be confused with an existing trademark. For example, "Chicken Soup for the Soul " is a registered trademark, as is the "Dummies" series of books.

In another example, Fox News trademarked the term "Fair and Balanced" in 1998, but they can't stop someone from using that term in a book title, as Al Franken did in his book: "Lies and the Lying Liars Who Tell Them: A Fair and Balanced Look at the Right."

Writers Digest says, "Trademarks keep others from confusing a well-known work on the bookstore shelves with others. For example, Harry Potter is such a popular, distinguishable character by J.K. Rowling that you’d expect any title with his name in it to be written by her (or, at least, a book approved by her). It’s not only her work, but it’s become her brand."

Before You Copyright or Trademark, Do a Search

You don't have to do a search to see if your work has already been copyrighted, because it is unique to you. But if you want to use a book title, you should first check (online) to see if anyone else has used that title. If the title has been used in a similar book, you might still want to use it. Or you may want to change it to avoid confusion by readers.

If you want to see if a title has been trademarked, you can use TESS, the online search at the U.S. Patent and Trademark Office. Then you can start the trademark process.

You may be able to copyright your work yourself, but it's better to have an intellectual property attorney to help you with a trademark application. Having an attorney who is familiar with trademarks can considerably improve your chances of getting through the trademark or copyright process more quickly and easily.

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Are book titles subject to copyright protection?

On Behalf of Wang IP Law Group, P.C. | Aug 28, 2020 | Intellectual Property

In general, book titles are not eligible for copyright protection. The U.S. Copyright Office views book titles as “short slogans,” not intellectual property. The underlying theory to this notion is that there may be other instances where the same or a similar title is equally appropriate.

As a result, we are left with books such as Garden of Beasts by Jeffrey Deaver and Garden of Beasts by Erik Larson. Both novels take place in 1936 Berlin, however one is fiction and one is not. Read those synopses carefully before purchasing a book.

There are always exceptions to the rule

This would not be a legal topic if there weren’t exceptions to muddy the waters. If copyright protection is not an option, you may be able to register a title as a trademark . Books that are part of an ongoing series sometimes receive trademark protection. For example, ‘ Chicken Soup for the [blank]’ is a registered trademark, as is ‘ [blank] for Dummies’ . Perhaps the most famous example of trademarked book titles are those in the Harry Potter series.

What should you do if you want your title to be unique?

For starters, you can perform a simple internet search of your potential book title and you can check the corresponding book listings on Amazon. Additionally, to ensure that your title isn’t copyright or trademark protected, performing a search through the U.S. Patent Office can eliminate any speculation.

If you believe you may have a title that falls within the copyright or trademark exceptions, please speak with a lawyer at The Wang IP Law Group, P.C. We can perform copyright and trademark searches and address any other intellectual property needs you may have.

Latest News

What’s not protected: copyright for fiction authors.

titles of dissertations and books cannot be copyrighted

In celebration of National Novel Writing month , Authors Alliance is pleased to bring you resources and information about copyright issues of interest to fiction authors. In this post, we will go over some of the elements of fiction writing that simply do not qualify for copyright protection. Later this month, we delve into a discussion of the copyrightability of characters in literary works and survey issues in fair use that are relevant to fiction writers .

It is a basic tenet of copyright law that some things are simply outside of copyright protection. These are often referred to as uncopyrightable subject matter. There are a few a bright line rules in the United States⁠—for example, that titles of literary works, slogans, and lists of ingredients cannot be copyrighted⁠—but outside of these principles, things become a bit more complicated.

Categories of uncopyrightable subject matter affecting fiction writers are ideas, themes, and scènes à faire. These concepts are closely related, and the overarching justification for excluding them from copyright protection is that they are simply too general and standard to a particular genre or convention for an individual creator to be granted a temporary monopoly on them—which is what copyright provides.

Ideas and Themes

Ideas and themes cannot be copyrighted, although the expression of a particular idea or theme can be. In other words, when a fictional work involves a particular concept, a later work’s use of this concept cannot form the basis of an infringement claim, though copying the words used to express the idea or theme could constitute infringement.

In Williams v. Crichton , the author of a series of children’s books sued the author of Jurassic Park, alleging that the film infringed his copyright in his own book, which also involved “the concept of a dinosaur zoo.” After examining each work in turn, the court concluded that both portrayed dinosaur zoos, but also found that the idea of a dinosaur zoo could not be copyrighted. The dinosaur zoos were expressed in different ways: one was in a natural remote island, another an entirely man-made attraction.

Similarly, in Allen v. Scholastic , a court considered an allegation that J.K. Rowling’s Harry Potter and the Goblet of Fire infringed the copyright in a lesser-known picture book. Both works had a wizard protagonist who participated in a wizarding competition, and both were “primarily created for children,” but the similarities ended there: Allen’s work was just sixteen pages, whereas Rowling’s was over 700. The works were “distinctly different in both substance and style” and elicited “very different visceral responses from their readers.” Here too, the idea of a wizarding competition was found to be outside of copyright protection.

In Madrid v. Chronicle Books , poet Lori Madrid alleged that the Pixar film, Monsters, Inc. , infringed her copyright in a poem about a monster which is frightened to discover a human child in its closet. Madrid argued that the presence of “a big, fat, furry monster with horns on its head” and “monsters in children’s bedroom closets and vice versa” in both works was evidence of infringement. The court disagreed, finding that both were uncopyrightable ideas. The court pointed to other earlier works which also made use of these ideas—such as Maurice Sendak’s Where the Wild Things Are —as evidence that they were not the kind of original, creative expression copyright seeks to protect.

Themes—which often flow from ideas central to a work—are similarly not subject to copyright protection. In the Scholastic case about Harry Potter , themes of friendship and competition in both works were found insufficient to establish a copyright infringement claim, as these concepts were too general such that finding infringement would go against copyright’s goal of encouraging the free exchange of ideas. And in the Chronicle Books case about Monsters, Inc. , the theme of a mother-child relationship was similarly too general to serve as the basis of an infringement claim.

Scènes à Faire

Scènes à faire (from the French for “scenes to be made”) are characters, settings, events, or other elements of a work which are standard in the treatment of a given topic. The doctrine of scènes à faire recognizes that these elements are not copyrightable and cannot form the basis for a claim of infringement. In the Jurassic Park case discussed in the previous section, for example, the court found that “electrified fences,” “workers in uniforms,” and “dinosaur nurseries” were scènes à faire that flowed naturally from the unprotectable idea of a dinosaur zoo. Because the idea of the dinosaur zoo itself cannot be protected, and a dinosaur zoo is likely to include these elements as a logical matter, they also are not subject to copyright protection.

Courts have found that certain ideas or literary genres are associated with particular scènes à faire, such that those elements cannot form the basis of an infringement claim. In Hogan v. D.C. Comics , considering an allegation that one vampire novel infringed another, a court found that “imagery of blood, religious symbolism such as crosses and allusions to the bible” were indispensable to vampire tales, making these elements scènes à faire in this context. Similarly, in DuBay v. King , considering an allegation that Stephen King’s The Dark Tower series infringed the copyright in a cartoon published in the late 1970s and early 1980s, a court found that similarities in the protagonists’ “looks” did not constitute infringement where both were “[a] western, or cowboy-looking loner often in desolate or eerie surroundings.” Because such a costume and presentation was standard in a story about the Old West, these similarities were scènes à faire and could not form the basis of an infringement claim.

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Can a title be copyrighted?

Is there any such thing as copyrighting a title?

A title of a novel / short story is usually short, up to five words or so. The words are chosen after much thought to reflect the contents of work. They are often common (everyday) words.

A typical example is a romance novel which may have a title such as "The man who stole my heart".

I understand there may be copyright protection for unusual titles but my question relates to use of common, everyday words in the title, as I have come across many books with the same or similar titles.

2 Answers 2

I Am Not A Lawyer

But in the United States, according to the U.S. Copyright Office, copyright protection is not available for "names, titles or short phrases" Source (PDF).

But there are a few things you should take note of if you're concerned about accidentally using the same title as another work. For one, brand names, slogans and phrases can be trademarked (which offers similar protections to copyright), so they should probably be avoided. For another, having the same or similar title as another book can make your book not only hard to find, but unoriginal too. Another thing to keep in mind is having a book with a similar title and similar content can open you up to the possibility of a lawsuit.

1 +1 This is right. In short, you can't copyright a title, but there are other reasons to avoid using one that has already been used. – John M. Landsberg Commented Jun 13, 2013 at 6:02
3 Wait a minute. As I have understood it, copyright and trademark law are two very distinct things. You seem to be mixing the two. What gives? – user Commented Jun 13, 2013 at 9:56

While a title cannot be copyrighted, an author might choose a title for her work that infringes on a registered trademark. Different rules apply to trademarks, but that doesn't make their use as a title legal.

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Perry Law

Aug 5, 2022

Can You Copyright or Trademark Book Titles?

Under the US Copyright Act, you cannot copyright titles. That is because titles are too short to be protected. Copyright law protects original works fixed in a tangible medium of expression (e.g., your novel written and saved on Microsoft Word). However, when it comes to titles, they are considered "short phrases." They're too de minimis to be copyrightable. This is why you may see the same title for multiple books or films.

Although you cannot copyright a title, you may be able to trademark your title. However, there's a caveat. Single titles are generally not eligible for trademarks. Trademarks function as identifiers of goods and services, and consumers may have trouble identifying you as the author of the title, especially if there are many books that share your title. Think of it this way. If a bookstore carried your book and every other book with the same title on a shelf, could a consumer ID you as the author? Probably not.

Nevertheless, if your book becomes successful and you're able to claim "secondary meaning," meaning your title has earned a certain level of fame, you may be able to trademark your single title. In that same example, if your book has become a bestseller selling millions of copies, when consumers hear your title, they may automatically think of you. In that case, you may be able to trademark a single title.

What about your titles as part of a book series? You will have a much easier time trademarking because consumers may be able to associate you as the identifier of the book. The same goes for characters. For example, a famous character may become associated with a certain series, where readers may expect the author to have written a book that includes that character when they see it in bookstores. Think of Harry Potter. When you see Harry Potter, you think of JK Rowling and vise versa.

I hope this helps in determining whether to trademark your title.

Disclaimer : This article is for information purposes only. It is not be considered legal advice nor to be construed as such. If you have a legal issue, contact an attorney near you.

Author Tips

Rules dealing with names, titles and phrases

Fact sheet P-18

Fact sheet P-18: Names, titles and copyright

Enquiries such as ‘Can I copyright a name?’ are one of the most common questions we are asked, and this seems to be one of the most misunderstood aspects of copyright law.

The short answer is to simply say that names, titles, short phrases, (and also colours), are not considered unique or substantial enough to be awarded copyright protection in their own right, but as this is such a common question, it is perhaps worth explaining the logic behind this.

Lets take an example:

In March 1981, popular author Dick Francis published a book called ‘Reflex’. The book itself is most certainly a copyright work, but lets imagine the situation if copyright applied to the title in its own right.

In our example, this would mean that anyone using the word ‘Reflex’ would now be in breach of copyright. Also as copyright prohibits unauthorised adaptation, use of derived words like, reflexes, reflexing, reflexed may also be prohibited. In effect no-one could ever use these words in a document.

This would mean that the word could also no longer be used in songs, or in any public performances.

Typically copyright will continue to apply for 70 years from the death of the author, so we may never be able to use the word in our lifetimes.

As copyright is an automatic international right, this restriction would apply across the globe.

Clearly this would be a ridiculous situation, but it illustrates why copyright law as it stands is not suitable for such items.

When people ask about protecting names, they are typically referring to a trading name or the name of a product, and the primary focus is on preventing a competitor using the name.

Passing off

‘Passing off’ is a term used when a company or individual represents themselves in a way that may mislead potential customers into believing that they are dealing with an different, more established company.

If a competing company sets up with a similar or identical name to an establish company, or portrays themselves in a way that implies that they are associated with the established company, they may be guilty of passing off. The original company can take action to defend their identity.

Passing off is not always as simple as determining who was using the name first, and public perception of who the name is associated with should also be taken consideration.

To successfully prove passing off you should be able to demonstrate that:

The name is yours. This requires some proof of ownership and/or creation (such as a copyright registration) that predates the offence.

Customers associate the name with you. You need to show you have been trading under that name and have historical customers that have bought from you under that name.

You have been harmed by the other person’s use of the name. e.g. loss of revenue.

Sometimes trademarks may be used to protect a name or a brand image. It is generally easier to prove a passing case or claim to the brand if the trademark has been registered. Trademarks are primarily aimed at commercial trading organisations, and are administered by national patent or trademark offices.

It should be noted that a registered trademark will apply only in the countries where the application was made, and that they also tend to be issued for use within a specific trading sector. Some additional information regarding trademarks may be found on our intellectual property rights page .

Please note that we do not provide trademark registration service, for information on trademarks you should contact your national trademark or patent office.

As names are not copyright works, they should not be registered in their own right. It is still true that any registration that includes the name does by definition prove use of the name, but as other factors may come into play with passing-off, we would not regard this as a suitable use of this service.

Registrations should always contain actual copyright works, (i.e. documents, recordings etc). Although it is worth noting that a logo that combines the name with other artistic or design elements can be subject to copyright as an artistic work.

This fact sheet is Copyright © Copyright Witness and protected under UK and international law. The use of this fact sheet is covered by the conditions of a Creative Commons Attribution-Non-Commercial-No Derivative Works License . This fact sheet is intended only as an introduction to ideas and concepts only. It should not be treated as a definitive guide, nor should it be considered to cover every area of concern, or be regarded as legal advice.

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Copyright on Campus: Theses & Dissertations

Introduction
Copyright Law Basics
Public Domain
Theses & Dissertations
Author Rights
Showing Movies in Class and on Campus
Copyright & Data Management
Copyright in Special Collections
Open Education

Publisher Policies

Students often receive mixed messages when it comes to including a published paper in a dissertation, or publishing from the dissertation beyond graduation. Both of these scenarios are common and familiar to publishers, but there might be specific guidelines or requirements such as:

Be transparent. Include a brief explanation when you submit your publication. More often, journals use plagiarism detection software; letting them know your work is out there and publicly available will help sidestep any questions.
Include a citation to the published work in your thesis or dissertation, and/or a citation to the thesis/dissertation in the resulting publication.
Specific rules for formatting.
Resource: Publisher Policies MIT Libraries has compiled a list of major publishers with links to relevant policies

Reusing Material

Theses and dissertations often use charts, graphs, images, and quotes from other journal articles, books, or websites. When doing this, be aware that most content is protected by copyright, though it's likely fine for you to use these materials if you can do one of the following:

Use public domain content. If you are including factual data presented in a straightforward way (e.g., a simple bar graph or pie chart showing the results of an experiment), it's very likely the figure does not meet the minimum threshold for creatively and is not protected by copyright.
Use openly licensed content. Open access journal articles and books, as well as other media labeled with a Creative Commons license,
Decide your use is "fair." Fair use is a specific provision within U.S. Copyright Law that allows for limited use of in-copyright material without seeking permission. In general, quotations from the work of others should be no longer than is necessary to support the scholarly point you wish to make. In the case of images, you should be sure that the pictures you reproduce are closely tied to your research goals and are each made the subject of specific scholarly comment. More on fair use .
If you're not sure about relying on fair use, you can often seek permission. Most of the time, this means navigating to the publisher's website or a journal article page and finding a link to "rights" or "permissions." Many publishers allow graduate students to use content without charge, with the understanding that if you publish your work formally in future, you may need to obtain permission again and pay a fee. It's a good idea to get permission in writing, but even an email is sufficient.

From Dissertation to Publication - FAQ on Your Rights as Author

Who owns the copyright of a thesis or dissertation?

You do! The copyright of a thesis or dissertation belongs to you as the author. Under the U.S. Copyright Act, works are automatically copyrighted at the moment they are fixed in a tangible form, including residing on your computer's hard drive. You continue to own that copyright until you transfer it to another party. A transfer of copyright must be in writing. If parts of a work have already been published and copyright in those other works was transferred to someone else (e.g. a publisher), copyright of those parts remains with whom it was transferred to.

Who owns copyright in work produced as part of a team or in a lab?

Whenever a group undertakes a project or research, it is best to have a discussion up front, including the faculty advisor or chair, to clarify how copyright, patents and other intellectual property will be managed and who will retain and manage rights for all portions of the project. Be sure to consider not only publications arising from the project, but also data sets, software, websites, user interfaces, specifications, and any other outputs. It is always best to make sure that faculty make clear to graduate students and others working for them how research outputs will be owned or used in order to avoid confusion. In circumstances where grant funds or University funding is significantly invested in the project or research, other ownership interests may be at play, which should be discussed and understood.

Do I need to register my copyright?

You do not need to register with the Copyright Office in order to enjoy copyright protection. Such protection is automatic, coming into effect at the moment a work is fixed in a tangible form. However, registration has certain advantages. First, if your work is registered you have strong evidence that you are the author of the work and the owner of its copyright. Also, registration is necessary to enforce a copyright against an infringer or plagiarist. For full detail, read the U.S. Copyright Office circular " Copyright Basics ". The benefits of registration are outlined on Page 7.

Registration can be completed online directly (for a fee of $45) through the Copyright Office website or through ProQuest (for a fee of $55) who will register the copyright for you and in your name.

Can I use previously published articles of my own in my work?

It depends. You will need to review the agreement you signed with the publisher of our previously published article. Most agreements require you to transfer your copyright to the publisher. If this is the case, you must request permission from the publisher to "reprint" the article as a chapter in your dissertation. However, some agreements specify that you retain the right to reprint the article in your dissertation. The chart below details several publishers' policies with respect to reusing your own previously published work in a thesis or dissertation; however, you should always review the terms of any agreement you signed.

Why do I have two publishing agreements to review and sign, and what do I need to understand about them?

University of Florida dissertations are distributed by both ProQuest/UMI and the UF Libraries. Both will make your work available and preserve it for the future (ProQuest through its Dissertations and Theses database and print sales if you choose to allow that, and the UF Libraries through its institutional repository, the IR@UF ). In return for those services, both ProQuest and the UF Libraries require you to certify that the work is your own and that you are not infringing the rights of others. These agreements also provide a mechanism for all parties to recognize your rights as an author.

Please note, by signing these agreements you still retain copyright, including the right to publish your work; the licenses you give to ProQuest/UMI and to the UF Libraries does not preclude publishing any part of your dissertation in another form or prevent you from transferring your copyright to some other party at a later date. A license is a permission you give to others to use your work in ways that would otherwise not be permitted by copyright law; they are not a transfer of your copyright.

The agreement with UF Libraries requires that you give a license to UF to put your dissertation in the IR@UF and distribute it in a way that allows other scholars to read it and use it for non-commercial purposes, as long as they do not make changes to your work and always give you credit. This license is designed to enable scholarship and to protect you from plagiarism. The agreement with ProQuest/UMI grants ProQuest the non-exclusive right to reproduce and disseminate your work according to the conditions you elect in the agreement, including whether to make your work available after a specified embargo period and whether to make it available open access.

Both publishing agreements allow students to elect to make their dissertations available immediately or after a specific limited period of time known as an embargo. An embargo may be appropriate and desired when a student wants to allow time to explore publishing part of it in other forms, if the dissertation contains material for which a patent might be sought, or if it includes other sensitive or confidential information.

What is open access, and how does it apply to my thesis or dissertation?

Articles, books, theses and dissertations are said to be "open access" when they are "digital, online, free of charge, and free of most copyright and licensing restrictions." By making publications open access, the widest sharing of ideas and research results is made possible, which is generally done either by publishing in open access journals or depositing them in open access repositories such as PubMed Central, arXiv, or the IR@UF. University of Florida policy is for all new dissertations to be available open access through the IR@UF, either immediately or after an embargo period.

Will journal or book publishers consider publishing my work if it is based on an open access thesis or dissertation?

Recent surveys show that a majority of journal editors and university presses would accept submissions of articles and book manuscripts that were based upon theses or dissertations, even if they are available in an open access repository. This is in part because most publishers consider theses and dissertations to be "student work" that will require substantial editing and revision before being published in article or book form. The chart below summarizes the policies of some publishers regarding the publication of new works from a thesis or dissertation.

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Last Updated: Jan 30, 2024 4:37 PM
URL: https://guides.uflib.ufl.edu/copyright

University Library

Copyright for Graduate Students: Theses and Dissertations

Public Domain
Creative Commons Licensing
Obtaining Copyright Permission
International Materials
State and Federal Governmental Materials
University Policies on Copyright
Depositing Your Dissertation/Thesis in IDEALS

Copyright Questions?

Should you have further questions, please do not hesitate to ask Sara Benson, the Copyright Librarian, for assistance. Sara can be reached at 217-333-4200 or [email protected]

Scholarly Communication and Publishing

Some Copyright Ground Rules

General Concepts
What Does Copyright Protect?
A work created today (or, more specifically, after 1989) is protected under copyright as soon as it’s created and is (generally) protected for the lifetime of the creator, plus 70 years (could be even longer for some works).
There is no special symbol (such as the copyright symbol) necessary on the protected work since 1989--it is protected simply because someone created it and wrote it down or recorded it.
If more than one person created a work, they might be joint owners of a work (see "Copyright Ownership" on the right).
When copyright expires, the work becomes public domain .
Ideas can’t be copyrighted, only the tangible expression in a fixed medium of the idea can.
Facts can't be copyrighted, either.
You may use any copyrighted material under the “ fair use ” doctrine, within fair use guidelines.
If something looks copyrighted, assume it is.
Copyright protects an author's right to reproduce (copy), distribute (license), make derivatives of the work, publicly display and perform the work
This means that if you wish to make a copy of a copyrighted work (unless it is considered a " fair use ") you must get permission from the owner of the work
You also generally cannot publicly display a copyrighted work (say a movie or work of art) unless you have permission to do so or a recognized "copyright exception" exists

Copyright Ownership

The Author Is The Initial Owner
Ownership Can Be Assigned or Transferred
Works Can Be Made Available Under Terms More Favorable Than Copyright Allows
Joint Ownership of A Copyrighted Work

If you wrote an essay or article, you are the owner of that article unless and until you contract away your rights (such as in a publishing agreement).

Giving away the bundle of rights that constitute copyright is often called a grant. If the transfer is exclusive it has to be in writing. In books/articles, this usually occurs in a publishing agreement.

The Creative Commons has developed a series of licenses that allows copyright holders to retain control over their works, but still make them available under terms more favorable than copyright allows. Essentially, under the creative commons licenses, owners of copyright have allowed others to use their work with certain limitations specified in the creative commons license.

More information about the creative commons license is available on their website at www.creativecommons.org .

A work is considered joint if it meets these conditions:

both or all the authors intend that their contributions be merged into a single work;

this intention exists at the time of creation of the work.

No written contract is necessary to create a joint work. Each author owns an undivided portion of the entire work. So, one author can grant another person permission to use the work without the agreement of the author author. The only obligation is to share in any profits received.

For some additional information about copyright in the music industry, please see the LibGuide on Copyright Resources for Music .

The Basics of Copyright

Common Questions & Answers

Q: Should I put some sort of copyright notice on my work?

A: It is wise to do so because even though it is not required, many people misunderstand basic copyright law rules. So, putting a notice on your work will remind others not to use it unless they have an exception applies to general copyright rules or they have obtained your permission first.

Q: As long as something is for educational use, I'm not violating copyright laws, right?

A: Unfortunately, no. Although there is a limited exception for face-to-face teaching, not all educational uses of copyrighted works will fall under that exception and fair use is decided on a case-by-case (not a blanket exception) basis.

Q: How do I know FOR SURE that something is a fair use?

A: That's a tough one. Unfortunately, it is hard to know when something is a fair use for sure because, ultimately, the court decides fair use cases on a case-by-case basis. Generally, we should exercise our good faith judgment and consider risk assessment when making fair use determinations. But, this does not mean that we shouldn't exercise our fair use rights. We should do so in a considered way.

Q: What role does licensing play in specific copyright questions?

A: A very large role. Essentially, you can contract away (through licensing) any of your copyright rights. So, for instance, if I write a journal article but if I assign my copyright entirely to the journal publisher, then I no longer have any right to share my article either publicly or privately without the permission of the journal.

The content for this page originated with the School of Music's Copyright LibGuide .

Except where otherwise indicated, original content in this guide is licensed under a Creative Commons Attribution (CC BY) 4.0 license . You are free to share, adopt, or adapt the materials. We encourage broad adoption of these materials for teaching and other professional development purposes, and invite you to customize them for your own needs.

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Last Updated: May 8, 2024 3:09 PM
URL: https://guides.library.illinois.edu/copyrightforgradstudents

What is the Copyright Law for the Same Title?

Afsana Pervin

July 11, 2023

In this article...

The world of publishing is vast and teeming with myriad titles, some of which may surprisingly mirror each other. “Copyright Law: Can Books Share Identical Titles?" unravels the enigmatic issue of duplicated book titles within the complex tapestry of intellectual property law. Are book titles protected under copyright law, or can an author freely use a pre-existing title? As we delve into the nuances of legal precedents, statutes, and global copyright systems, we'll seek to answer these questions, providing you with a comprehensive understanding of how copyright law governs the nomenclature of literary and non-literary works.

Have you ever pondered whether two authors can release books with identical titles? Or perhaps you’re curious about the rules governing copyrights for books, movies, and songs? As content creators and marketers, it is crucial to understand the legal landscape surrounding titles, including trademarks, service marks, and registered copyrights. In this blog post, we will delve into the intricate realm of copyright law, providing you with the knowledge to navigate the potential legal pitfalls. Let’s embark on a journey to explore the limits of creative expression and safeguard your artistic endeavors.

Copyright law may appear complex and daunting, but it is an indispensable domain for individuals involved in the creative industries. At its core, copyright law grants exclusive rights to creators over their original expressive works, encompassing literature, music, and art. Essentially, this means that without the creator’s permission, others cannot reproduce, distribute, or display their work.

While there are exceptions and limitations to copyright law, it is crucial for individuals and businesses to obtain the necessary licenses or permissions before utilizing any copyrighted material. Adopting a cautious approach is wise, as copyright infringement can result in expensive legal repercussions. By staying informed and adhering to the basics of copyright law, creatives can safeguard their work and avoid potential legal entanglements.

Distinguishing Trademarks from Copyrights

As a business owner, it is essential to grasp the distinctions between trademarks and copyrights. While both safeguard intellectual property, trademarks protect brand names, logos, and slogans, whereas copyrights defend original works of authorship, such as books, songs, and artwork.

A helpful way to differentiate the two is to view trademarks as the face of your business, while copyrights encompass the creative content generated by your enterprise. By securing the appropriate protection for your intellectual property, you can ensure the preservation of your brand identity and creative works, shielding them from infringement and theft.

Decoding Copyright Infringement

In today’s fast-paced world, comprehending the intricacies of copyright law is crucial. With content being created and shared at an astonishing rate, unintentional infringement on someone else’s copyright can occur easily. Consequently, understanding what constitutes infringement is vital for safeguarding yourself and your work.

Copyright laws shield original works, including music, videos, literature, and software, from unauthorized copying or distribution without the owner’s consent. Grasping the boundaries of acceptable usage can be complex, but it is always prudent to err on the side of caution when dealing with intellectual property. So, the next time you create or share content, keep in mind the dos and don’ts dictated by copyright law.

Copyrightable Works

Copyright laws exist to preserve the originality of works crafted by individuals. But what precisely falls under the purview of copyright protection? The answer is clear—books, articles, movies, music, and even software can be copied. Anything original that is fixed in a tangible medium of expression can be safeguarded.

Copyright laws empower creators by granting them control over the usage and distribution of their work. Respecting copyright laws and comprehending what can and cannot be used without permission is paramount. Let us collaborate in honoring each other’s creative works and ensuring they receive the protection they deserve.

Requirements for Copyright Protection

Copyright protection is a crucial facet of the creative industry, yet not every work is eligible for such protection. To qualify, a work must fulfil specific requirements. Firstly, it must be an original creation of the author or artist, free from any substantial copying. Secondly, it must be fixed in a tangible form, such as a book, recording, or painting.

Lastly, the work must possess a minimum level of creativity. These criteria are designed to safeguard only those works that genuinely reflect the author’s creative efforts. As creators continue to push boundaries, the legal framework for protecting their works must evolve alongside them.

Can Two Books Share the Same Title?

Guidelines for Using Titles in Copyrighted Works. As avid readers, we have all encountered books with similar titles, leaving us to wonder if they bear any connection. Can two books indeed possess identical titles? The answer is yes; they can.

However, copyright laws impose restrictions on the use of identical titles for copyrighted works. This means that if two books share the same title, the authors, or publishers must ensure that there is no confusion between the two.

To avoid legal disputes or confusion, authors should strive for unique and memorable titles that distinguish their work. So, the next time you come across a book with a title matching one you’ve read before, conduct thorough research to ensure you’re not in for an unexpected surprise.

Given the intricacies and ever-changing nature of copyright law, it is advisable to seek guidance from experts before determining the availability or necessity of releases for your creative works. Understanding the interplay of copyright, trademark, and patent law is best explained from the perspective of professional legal counsel.

Copyright law does not protect titles of works, be they books, movies, songs, or other artistic creations. This is because titles are typically short and do not meet the requisite level of creativity needed to qualify for copyright protection.

While this means that two authors could technically publish separate books with the same title, there are other legal and practical considerations that may discourage this. Trademark law, for example, can protect a title if it is used in a series or if it’s so unique and well-known that it has developed a secondary meaning in the minds of the public.

Furthermore, publishing a book under the same title as a well-known work could lead to consumer confusion and be detrimental to the success of your book. It could also lead to reputational damage if it appears that you’re attempting to capitalize on another author’s success.

Thus, while copyright law may not prevent you from using the same title as another work, it’s generally a good idea to strive for a unique and original title that will not only help avoid potential legal issues but also set your work apart and attract your intended audience.

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Publisher Agreements

Most authors of books or journal articles are required to sign an agreement with their publisher as a condition before publication. It is important to read these agreements as they are legally binding and may have an impact on how the author can use or reuse the work. Like any agreement, the publisher agreement should be negotiable so that the author retains some or all of the copyrights associated with the work.

License v. Transfer (or Assignment) of copyrights:

The publisher's agreement says,

Author hereby grants and assigns to XYZ Publisher the exclusive , sole, permanent , world-wide, transferable, sub-licensable and unlimited right to reproduce, publish, distribute, transmit, make available or otherwise communicate to the public, translate, publicly perform, archive, store, lease or lend and sell the Work or parts thereof individually or together with other works in any language, in all revisions and versions (including soft cover, book club and collected editions, anthologies, advance printing, reprints or print to order, microfilm editions, audiograms and videograms), in all forms and media of expression including in electronic form (including offline and online use, push or pull technologies, use in databases and data networks(e.g. the Internet) for display, print and storing on any and all stationary or portable end-user devices, e.g. text readers, audio, video or interactive devices, and for use in multimedia or interactive versions as well as for the display or transmission of the works or parts thereof in data networks or search engines, and posting the Work on social media accounts closely related to the Work), in whole, in part or in abridged form, in each case as now known or developed in the future, including the right to grant further time-limited or permanent rights.

If you were able to get through the above sentence, you should realize that had you signed this agreement, you would have actually transferred all of your copyrights FOREVER (life of author plus 70 years) to XYZ Publisher.

Instead, ask the publisher to modify the sentence so that you LICENSE to them for a limited time all of these rights. For example, the revised might read, "Author hereby grants and licenses to XYZ Publisher for a period of (1-5) years, the exclusive, sole, right to...."

The EXCLUSIVE LICENSE is temporary. The term allows the publisher to make as much profit from the work during that term. After the expiration of the term, you can continue a NON -exclusive license for as long as your copyright's duration or however long you wish, but at all times, you retain the copyright in your works.

Click-through transfers upon submission

Publishers are more frequently requiring authors to accept click-through agreements transferring copyright to the publisher upon submission of a manuscript, even before acceptance to publish. This is easier for the publisher to manage, but disadvantages the author. Not only does the electronic submission using this click-through serve to eliminate potential for negotiation, it is difficult to make and keep a copy of the agreement for future reference. When presented with a click-through option, try contacting the publisher and saying that you prefer to negotiate the terms of the agreement only after the work has been accepted for publication and that you will submit the work by other means.

Publisher Licenses rights back to author

Where you have signed an exclusive license for a period of time OR if you have been forced to transfer and assign the copyright in the work, you no longer have the rights to use your own work and may have to ask permission and even PAY to use your work in other instances. It is a good idea to make sure the agreement states that certain rights are licensed back to you so that you may make use of the work of despite exclusivity or transfer. Such rights might include:

The right to post the work on your own website or in your institutional repository (IR).
The right to share the work with colleagues or provide copies to students in your classes.
The right to reuse the work in derivative works that you author.
The right to reuse illustrations, charts, or graphs in other works or presentations.

Take-Down Notices

Where you decide to post your own work on a website or other Internet outlet AND your author-publisher agreement has not provided permission to do so either by allowing you to keep your copyright, or licensing back the right as noted above, you may receive a "Take Down Notice" from the publisher. A take-down notice is a first step a publisher takes before making a claim that the posted work is a violation of the terms of your agreement. It may be true that the posted work infringes the terms of your agreement or it may not be true and your agreement shows that you can, in fact, post in this manner. Many publishers use robots to scour the web to find infringing instances of posted copyrighted works and as a result may be subject to finding false-positives. For more information about take down notices, see, Information Regarding Publisher Take-Down Notices on the library website.

Works made for hire

You may come across an agreement that states the work is one that is made for hire. The publisher is telling you that even though you have created the work, you do not own the copyright. The publisher owns it because it hired you and the work was made during that "employment." You might see language in the agreement that says,

The Work including illustrations, tables and figures shall be considered a work made for hire for ABC Publisher and the copyright in the Work, all exclusive rights therein, shall be owned by ABC Publisher. To the extent the Work or any material contained therein does not qualify as a work made for hire, the Author hereby transfers and assigns to the Publisher during the full term of copyright all exclusive rights comprised in the copyright in the Work and any revisions, thereof including, without limitation the sole right to register the copyright in the Work in ABC Publisher's name and the sole exclusive right throughout the world to do and to license to others to reproduce, license, publish, and distribute the Work in whole or in part in any format or medium.

Here again, if you were to agree to this, you will have given up all of your rights (unless they license some back to you) for the duration of the copyright term. This is simply another type of agreement and agreements should be negotiable. Make an effort to work with the publisher to modify the terms as above in the publisher agreement. Instead of making it a work for hire, push for exclusive for a short term and non-exclusive after the term, ensuring in both cases that you retain some rights (license) to use your own work in ways that are useful to you.

Non-exclusive licenses and open access

If you find that your selected publisher's agreement is too restrictive and want to ensure that your work reaches the widest audience possible, consider publishing in alternative publications. Many publishers offer open access alternatives and many institutions offer open access publishing options via their IR. In these cases, you can grant to the publisher a non-exclusive license to publish the work and still retain all of your rights to reuse your own work in whatever way you wish. In fact, if the non-exclusive license is in place, you may still opt to publish with the original publisher, but the non-exclusive license can lawfully prevail (see 17 U.S.C. §205(e) ). The license should be specific about which rights you are willing to license. They may include many of the rights as enumerated in the ABC and XYZ Publishers agreement noted above or as many rights for which you are comfortable. More on open access is discussed in the section Open Access Options .

Termination of a Copyright Transfer

Its not all bad news. There is a window of opportunity to reclaim copyrights in a work that you created and subsequently transferred to someone else. The Copyright Act permits the original author to serve notice of termination, on works created after Jan. 1, 1978, to the publisher no earlier than 30 years after the execution of the grant or 25 years after publication under the grant (whichever occurs first). The termination then becomes effective 35 years after execution of the grant/ or if right of publication granted, no less than 40 years after execution of the grant/ or 35 years after publication (again, whichever occurs first). See also: Termination of Transfers and Licenses Under 17 U.S.C. §203 .

Publisher-Author Agreement Resources

The Authors Alliance website offers resources for rights management, law & policy, reaching readers, and reputation and integrity.
The Authors Guild offers guidance on negotiating a fair contract for authors.
Author Rights Model License Language provides language to authors can include in publishing agreements.

Open Access Options

The Open Access (OA) movement is gaining traction in a variety of disciplines and offer a number of publishing/licensing options. Open Access permits free and open access to copyrighted works. You may choose to license your open access work through a Creative Commons License that grants the general public license to reuse your work(s) under certain conditions. Choosing to publish open access does not eliminate your copyrights, but due to the open nature and wide dissemination, makes it more likely that your work will be reused and/or cited.

Green Open Access

Green OA often refers to works that are made available via an institutional repository. At present, Yale's vehicle for green open access is a publishing platform called EliScholar . EliScholar provides a digital platform for publishing and archiving the scholarly output of Yale authors for the purpose of open dissemination. Access to EliScholar is free and open to the world with a few exceptions for temporarily embargoed works.

Gold Open Access

Gold Open Access refers to publisher options available for authors to publish their articles in open access or hybrid (combination of subscription and OA) journals. Gold OA publishers most frequently requires the author pay an Author Processing Charge (APC) which stands in lieu of the fees generated by subscription and thus subsidizes making the article free and open to the world. The fees vary from publisher to publisher. Yale does not subsidize these fees, but there may be departmental funds that can assist or an author can build in the cost of OA publication into grant applications where appropriate.

Embargos & Versions

A publisher of Open Access works might require an embargo on the author's license to post his/her article on the author's web site or in the institutional repository. An embargo is simply a delay of a specified time period before the work may be otherwise posted. Some publishers will permit only specific versions of the article to be posted in these locations, such as the pre-published version, the submitted version, or the accepted but not edited version. Make sure to check the language of your Author-Publisher Agreement for the exact version you may use and whether there is an embargo period of which to be aware.

Open Access Publishing Support for Yale Authors

Yale University Library guide for support of open access provides information about negotiated discounts on APCs with a number of publishers.

See Also: SPARC Open Access site for more information about OA generally and best practices associated with open access. Available at the site is an Author Rights Addendum for authors to attach to their existing restrictive Author-Publisher agreements to modify the language to permit authors reasonable reuse where it was formerly denied. Adding the addendum to the existing contract requires negotiation and signed acceptance between the author and publisher.

Research Data Management @ YUL

Yale site of the Research Data Consultation Group provides support for finding, using, managing, and archiving your research data. Raw data (facts) are not typically covered by copyright law, but once transformed into an article for publication or unique charts/graphs which helps to parse the significance of the data may be copyrightable. Wherever data ultimately leads to patents, please refer to the Yale University Patent Policy on this subject.

Copyright and Open Access

Creative commons licenses.

Creative Commons is a licensing scheme to help authors/creators share their work more openly with others who may want to use their works. Many authors use one of the available licenses which permit various levels of reuse (See web site for specifics on each of the licenses ). Using a Creative Commons license does not mean that you, as creator loses copyright, but that you want to make your work available so that others may also benefit. For example the types of licenses available include:

CC BY (Attribution)--permits fairly broad reuse as long as the original creator is credited.
CC BY-SA (Attribution & Share Alike)--permits broad reuse as long as the original creator is credited AND your new creation is licensed under the same terms.
CC BY-ND (Attribution & No Derivatives)--tightens reuse, permits redistribution as long as no changes have been made to the original and the original creator is credited.
CC BY-NC (Attribution & Non Commercial)--permits broad reuse as long as the reuse is not for commercial purposes and the original creator is credited.
CC BY-NC-SA (Attribution & Non Commercial & Share Alike)--permits broad reuse as long as the reuse is non commercial, the reuse is licensed under the same scheme, and the original creator is credited.
CC BY-NC-ND (Attribution & Non Commercial & No Derivatives)--most restrictive of the CC licenses, permits limited non commercial use in ways that do not alter the original work and credit the original author.

CC0 or Public Domain mark . CC0 permits all uses and the creator waives all rights to the work and the latter indicates that the work belongs to the public domain (no license required), this can only be applied by the creator/rightsholder of a work.

Dissertations & Theses

Dissertations and theses are original works of authorship and are covered by copyright. NOTE: when using others works within your own, you may be required to seek permissions from those copyright holders before your work can be published.

Publishing your dissertation or thesis

Using your formerly published works in your dissertation You've managed to publish an article or two in a reputable journal and now want to reprint them in your dissertation! FIRST!! Dig out that publisher agreement that you signed when you submitted your article to the journal. Did you assign your copyrights unconditionally to the publisher? If so, did the agreement license back to you rights to reprint in your other works? If not, then you may have to request permission from the publisher to use the article(s) in this manner.

Using photos, images, charts, and graphs When using others' works, either rely on the fair use doctrine by performing a fair use analysis (see Fair Use tab under Using Copyrighted Works ) or by requesting permission of the copyright holder.

Applying a license to your works

If you plan to make your theses or dissertation available for open access, you may choose from a variety of Creative Commons licenses (see also the Open Access Options tab). If you would like to post your dissertation in EliScholar (YUL's digital publishing platform), you may opt to put an embargo on making it open access to allow time for publication elsewhere.

Choosing a Reputable Publisher

Not all publishers are created equal! Some publishers have an excellent reputation using a peer-review process, often rejecting a large quantity of submissions. Others may be considered predatory, seeking to find as many authors to publish as possible, utilizing questionable publication practices and statistics. These are often publishers promising to publish open access, sending blast emails to potential authors quoting inaccurate impact factors.

Yale has published a great guide on how to choose a journal for publication of your articles. In addition, there are sites that can help you locate reputable publishers and those that have generous copyright policies (meaning that you can reuse your own works):

SHERPA/RoMEO --provides search option to find journals and publishers general permissions in their typical publisher agreements.
Jeffrey Beall's archived Scholarly Open Access site listing low/no quality journals and publishers to beware of in the Open Access publishing arena.

Research Data Managment & Services

Research data.

The recorded factual information associated with the research, including, but not limited to, all records necessary for the reconstruction and evaluation of the results of research, regardless of the form or medium on which the material is recorded (such as lab notebooks, photos, digital images, data files, data processing or computer programs (software), statistical records, etc.).

Research data does not include books, articles, papers, or other scholarly writings that are published or publicly presented; drafts of such scholarly writings; plans for future research; peer reviews; or communications with colleagues. See more about this policy here .

Yale and Yale University Library have a number of useful tools and services available to help manage your data:

Research Data and Materials Policy (Ownership | retention | transfer | sharing & access)
Data Protection (classification standards)
Research Data Support Services (RDSS)
Research Data Management (DMPs | Sharing/Reuse | Education/Training)

Data Licensing

Though factual data are generally not subject to copyright protection, nevertheless,some data may contain a component of creativity that may be subject to copyright. Data is often licensed, purchased, or made freely available by the owner or the user. Helpful data licensing information can be found at:

Data Sharing and Reuse
Digital Curation Centre

Consider open access licenses for your data:

Creative Commons Zero for Data
Open Data Commons (3 licenses from which to choose)

This guide is fluid and subject to change. If you have suggestions or feedback on this site, please contact the Copyright Librarian & Contracting Specialist. The information provided in this guide is for your general information purposes only and not to be construed as legal advice. For legal advice, please consult with your own attorney or Yale's Office of General Counsel .

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Next: Using Copyrighted Works >>
Last Updated: May 8, 2024 9:52 AM
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One Author to Another

Tips and Information for Indie Authors – Most authors in the book community want to see everyone succeed! While some things work for one author, they might not work for another. This blog is dedicated to helping new authors navigate the "scary" world of self-publishing. Like all advice, don't assume it's "my way or the highway." This blog is just another tool to help you decide what will work best for you! Dream big, reach for the stars, and have faith! You can do this!

What You Can and Can’t Legally Use In Your Fiction Book

Towns/City Names: You can use the names of real towns and cities without any problems. I tend to use real large cities and make up the names of smaller towns. It’s easier to “create” a town to your story’s specifications and needs. You can take liberties with real places by making up the names of streets or businesses.

Company/Brand Names: You can use real company/brand names (Nike, Ford, Frito-Lay, Xerox, Facebook, etc.) as long as you don’t show them in a bad light. For example, you can write: A guy who worked for Xerox sat there eating his Fritos with his Nike-covered feet propped up on the dashboard of his Ford Explorer while he scrolled through the Facebook feed on his cell phone. You can’t write: “(Insert real clothing manufacturing company name) employs sweatshop workers from a third-world country. They pay them pennies and have beaten those who complain.” (Unless you have cold-hard facts that it’s true, make up a name for the company.)

Song/Album Titles, Movie/TV Show Titles, Book Titles: These are free to use, but, again, it’s recommended you don’t talk bad about them in any way, i.e., “It’s the worst song ever written.” (You can even use them for your own book titles as long as you’re not violating any registered trademarks.)

Lyrics: A BIG NO-NO! (Most of the time): Most song lyrics have copyrights on them for 50-100 years. They usually have 2 copyrights to them: one belonging to the artist who wrote it and one to the recording company that released it. However, there are songs out there that are considered “fair use” and other songs that you can get permission to use. In 2015, Helen Sedwick, an author and an attorney in California, wrote a blog post on this, and it has a lot of good information on it. I highly recommend reading it if you’re really interested in getting permission to use a song’s lyrics in your book.

Celebrities (Authors/sports figures/actors/actresses/politicians/any other well-known-figure): Again, free to use, but don’t risk being accused of libel by showing them in bad light (no matter how much the press and tabloids have done that). Recently, actress Scarlett Johannson won a defamation case against a French author.

Excerpts from books, poems, newspaper/magazine articles, blog posts, etc.: Unless you have permission from the author and give proper credit to the author and the original publication, you’re leaving yourself open to a lawsuit. (Also, a possible ban from book sites for plagiarism.) The exception to this rule is anything written before 1923 is considered to be public domain and can be used. Some works written after 1923 also fall into this category. If you’d like to learn more about public domain and how to figure out if a written work is available for use or not, check out this article from the Stanford University Libraries .

Images of Celebrities or Any Other Image Found on the Internet: Just because an image can be found freely on the internet, it does not mean you’re allowed to use it any way you want. While there are sites like Pixbay that have images you can use for free, most images are copyrighted and require you to purchase them for use. To ensure you won’t get sued for using an image, make sure you either purchase the image from a legal listing site (Shutterstock, Depositphoto, etc) or the original photographer, or research the copyright terms on free-use sites like Pixbay. This includes images you use for covers, teasers, and on your website. There are actually people out there who post their images on the web, then do searches for anyone using them on their website or social media page and suing them for unauthorized use.

As with all my posts, these are simple guidelines to help you. Some are not written in stone, and you may find ways around the limits if you really feel you need a well-known name or previously-written work in your story. Make sure you research anything that belongs to someone else before using it in your books and risking a lawsuit.

335 thoughts on “ What You Can and Can’t Legally Use In Your Fiction Book ”

What if another author has used the name of a town or city in their book, but you want to use the same town name, because its a fairly common name. Is this legal?

As long as they have not trademarked the town name for their series, you’re fine. When it comes to cities, I use the real ones. But when it comes to towns, I make up my own. I usually just check to make sure there is no town by that name in the state I’m writing about.

Can I name my book the name of a bakery that’s in business?

While it’s difficult to come up with business names that aren’t being used at least somewhere in the world, I would avoid using a specific business name in the actual town it’s in without permission. If a business is only doing business in one state, then that name is usually free to be used by someone else in another state, unless it’s been trademarked (like Starbuck’s). Also, you might want to look to see if the name is trademarked just to be sure you won’t have any issues down the line.

Question…. I am writing a children’s book and they are exploring different pet friendly places while on vacation…Am I to assume it is ok to have my illustrator create a likeness to the place and specifically say we are at this real place…..for example Dinosaur World in Florida… Thank you

I would create a fictional place. Some places, like Disney for example, are trademarked. You can use it as a reference, but I’d call it something else.

Hi Samantha, I didn’t see this question: in writing something that really happened say in a small town between some families, can you make everything different, use fictional names, town, but then what if someone recognizes the incident and says, “you ate talking about my family”?

Sorry, Allison. I just saw this. Fiction writers get ideas from real life all the time. If you change the names and a few other details, then you’ll be fine. If someone recognizes it’s them, you may get some flack, but if there is nothing linking them to the story, then all they can do about it is bitch. Make sure you put in your copyright section that the story is fictional and doesn’t represent any real persons.

Hi , I have a question that somewhat pertains to a similar concern. What if it’s a book based on true events but the names and everything are changed, and a person recognizes they are one of the main characters?? Everyone has a different perspective of how events unfold so how exactly that this play out ? What are the do’s and don’ts ?

Many fiction are based on real life people and events. As authors, we write what we know. As long as the names are changed, and there’s nothing to link the fictional account to the real people, there shouldn’t be any issues. You might piss off someone if they’re portrayed in a bad light, but as long as the connection is not obvious to anyone else, you’re good. Just make sure you put a disclaimer on your copyright page that says, “This is a work of fiction. While reference may be made to actual events or existing locations, the names, characters, places, and incidents are either the product of the author’s imagination or are used fictitiously. Any resemblance to any actual persons, living or dead, business establishments, events, or locales is entirely coincidental.”

so could i write about characters watching a certain tv show if in a good light? for example-

They sat on the leather living room couch and watched (Specific show).

You won’t have an issue with that. Using celebrity names, products, arts (shows, movies, book titles/authors), etc. in books in a good light is a free promotion for them, so it’s a win/win.

I have used songs for chapter titles for my fantasy romance book, which I haven’t released yet . example would be Mysterious Ways or Uninvited . The songs provided inspiration to crafting the characters. Are these song titles considered fair use ?

Song titles are not copyrighted, only the lyrics are, so you can use the titles for your chapters. (I’ve seen other authors do this as well.)

Great article. My question is about writing a short story based on characters in a movie. I loved Karate Kid 2 and the romance between Daniel and Kumiko, so I wrote a 3000 word short story about Daniel and kumiko when they met 30 years later. Not sure if I should contact the writer of the book before sharing it.

I am writing another short story using a real harbor town in Maine and that’s what brought me here.

Thanks for your time.

Sorry, I just saw this. It sounds like you’re writing fan fiction for Karate Kid. You can’t sell any books with characters from another author’s book without their permission. However, if you’re self-publishing it for free on a site like Wattpad, then as long as you don’t paint the characters in a bad light, you shouldn’t have any issues. If you contact anyone, it should be the publisher of the original book.

So I am writing a book about a girl who lives in a town with a very high crime rate would it be better to make up my own town or would it be ok to use a real town?

Hi, Abigail! Personally, I prefer to make up town names unless I need real one for a specific reason. I do use real city names, but with a fiction town, I can create it exactly how I need it to look – residential area, businesses, public buildings, street names, lakes, etc. I often find names of towns in one state and see if there is a town of that name in the state I want to write about. This way, there is no confusion. If a reader is in the town/city you’re writing about, they may have issues with you taking liberties with the names and places. For cities, I also make up street names so I don’t run into problems with a location.

I am aware that the NYC Fire Department was legally pursuing people selling “FDNY” merchandise like shirts. Can an author use FDNY, NYPD, real precinct numbers or fire company numbers in a work of fiction?

As long as you’re not portraying them in a negative light, you shouldn’t have any issues. They are going after people that are selling merchandise with the FDNY and NYPD logos on them. That’s a different thing altogether.

Hi. I’m writing a book with an action scene which involves an explosion in a well-known building (not the twin-towers). Is it acceptable to use the specific building’s name or will this be illegal?

If the building is privately owned/named like Trump Towers or Yankee Stadium, I would avoid it and give it a fictional name. But places like the Empire State Building, the Museum of Natural History, the Space Needle, and the Washington Monument are fine to use.

Can i use star wars the name and one line form the movie will i get sued? I need it for my book.

Technically titles aren’t copyrighted, but they can be trademarked, which Star Wars is. However, the line would be copyrighted under the original books. I would avoid using both the title and the quote – the Star Wars franchise is now owned by Disney and they frown on using anything that belongs to them without permission.

I’m wondering if I can use places in cities such as Paris in my book? Like certain hotels, cafes, places that are highly visited such as The Louvre Museum. And is it ok to use specific pieces of art, like “The Mona Lisa was stolen last night around midnight?”

Also, can I use inserts of lyrics in my book? I would be crediting the artists if that helps.

Paris, the Louvre, and the Mona Lisa are all fine to use. I personally would create my own hotels, cafes, etc. for two reasons. One, I know I won’t have any issues with the owners of those privately-owned businesses, and two, I can design them to my needs for the story. You can put them on streets that really exist or make up a street name and put it in a real area. As for the lyrics, no you cannot use them in your book without expressed written permission from the artist or production company (whoever owns the rights to the song). You can use song titles as they aren’t copyrighted. You can also contact the artist or production company and ask for permission to use the lyrics. Some will say no, some will say yes but for a fee, and some may just say yes (although that’s the least common). The exception to all that are songs over 75 years old that are public domain. Do a search to find out if a song is considered free to use under public domain.

… I think I might be heading for a partial re-write! I’ve referenced a privately owned sports stadium, a few privately owned pubs and possibly the main one (although not disparaging) is MIT and the surrounding area. The story mainly takes place within the campus…

You can use the Find/Replace to change the names without much effort.

I wanted to know if I can include a fictional museum in my story while all of the art work and exhibitions within the museum are actual art pieces created by actual people? Thanks.

I don’t see why not, as long as there isn’t anything derogatory.

Are writers allowed to change or tamper with historical events for the sake of the plot? And why do they do that?

Absolutely. That’s why it’s called fiction. Authors have been doing that for centuries.

Hey I’ve a question. I’m writing a thriller related to mafia and terrorism. So my question is that can I use a real country name in my story. Please reply soon

Yes, you can.

Stephen King recently did just that with his book 11/22/63 about the Kennedy Assassination. It was really cool. Go for it!

I’ve written a fictional book about three murders in New Orleans. The fabric of the story includes references to great restaurants that are well known. The references are all complimentary without disparagement. Having lived there I know the city well. Do you think this would be an issue?

Even though they are famous, they are still privately owned. I would check with a trademark lawyer first. If you were just mentioning the restaurants as places the characters went to dinner, that’s one thing, but if the murders are taking place in them, I would be careful about that.

Similar question – I am writing a zine book about awesome restaurants throughout Arizona. I collect menus from these places and have added pictures of the menus and some of the plates.. is this legal?

Personally, I would get permission, preferably in writing. Most places won’t have a problem with it (they probably have their menus on the internet anyway), since it’s free advertising, but it’s better to be safe than sorry.

Wow! I came across this site by pure chance, and to be honest I’ve learnt a lot more than from other writing sites. I read the blog about lyrics, which interested me. I’ve written my first book (it’s only a fairly short one, I suppose – about 80k words), and there are one line lyrics from about 20 songs… :O – all of which are post 1923 and it does include a Beatles song! It’s a bit of a shame as I wanted the reader to start to imagine the scenario and I found that using a song is one way of doing it. Do I repeatedly name the song in the narrative, though? Or is there another way? I’m expecting a ‘no’ from a publisher if I ask to use lyrics…

You can “mix” the words up a little. I made a reference to the song “The Broken Road” and instead of using the exact lyrics, I said something to the fact of “that country song about a broken road leading to the love of your life.” You can also use the word “song” and its synonyms – for example – The tune was on repeat in his mind.” or “She hummed the song she knew by heart.”

Thanks ever so much! Starting to review them in the narrative… also changed the pub names as well. Which leaves MIT as the setting. I chose that organisation as the setting, as it’s one of the foremost institutions of its kind. I’m thinking of getting in touch to ask for permission to use it

MIT is a well-known school and is often used in fiction/TV/movies, so you shouldn’t have any issues with that. You can put a disclaimer at the beginning of the book that you took creative license with the school and any differences within the story were intentional on your part to satisfy the story requirements.

Thank You very much, I really appreciate you taking the time to respond

You’re welcome and good luck!

Hey there! I appreciate this advice and it definitely has given me a real good approach to writing books. I’ve been wanting to write a book based on old Norse and Greek mythology, but I’m having a little trouble with some of the paragraphs I’ve wrote. I used a character of my own design along with many other characters who end up in upsetting spots and families, although it has a lot to do with religion. I’m not sure if it’s ok to use religion in sort of a malicious way, but I can assure you, it’s basically about how a man who believed in multiple religions, and was fascinated by them gets betrayed in the end by some of the Greek gods, and goddesses, and he plots to wipe them out, although, it starts off with the protagonist being in a abusive family with a priest, and I don’t find it pleasing that I used it in that way, but I felt like it would lead up to the story’s plot. Would I have to make up a phrase and backstory for the actual religion so I can write this story, or is that taking it too far? I mean no offense to any other religions, I just don’t exactly understand how story writing works since it’s my first time. I do apologize for taking up too much time with this comment. Thank you.

Religion is not copyrighted or trademarked, so you have no issues with that. Some people from that religion might have issues with your story, but legally there is nothing wrong with writing about it.

Hi, On vacation to a small island, I very briefly met an old beach man named Jesus (as in God’s son, not a Spanish guy). I would love for him to have a cameo in my fictional novel. I have no idea how I would contact him and I doubt he’s still alive. His “name” is one part that made him so interesting, so I rather not change it. What do you think?

It’s a common name (no matter which way it’s pronounced), and authors base many characters on real people – sometimes not changing the names. You won’t have any issues with this.

Thank you so much for this gem!!..This blog has been really helpful…almost all my doubts n questions regarding Fiction writing have been solved n answered. I just wanted to ask something regarding writing unauthorized biographies. Is it alright if I write a biography about a celebrity without taking permission from them. Though I’m showing them totally in a good light from beginning to the end. Was just fearing if they’ll sue me for not taking permission n all, as its my first time. Your reply will be really helpful n awaited. Kindest regards.

Sorry it took so long to reply. In the case of an unauthorized biography, I would consult a literary attorney before publishing it.

Can we fiction writers use that names of public organizations like NASA , CIA , FBI n all in our fiction novels without taking permission from them?

Hi! My question is this: I read about a restaurant in a blog and wanted to use the restaurant in the scene in my book. The tone of the blog piece was humorous and I wanted to stay away from anything the author wrote, but use the real restaurant because it was such a bad experience, I thought it would be good in my book. I made up a restaurant in my book with a different name in a different place, but had a similar type of bad experience. Is that kosher and allowed? I made sure to stay away from anything the author in the blog said about her experience, but used the restaurant.

I would avoid using real businesses in fiction, especially if it’s a negative experience. You could open yourself up to a lawsuit. Make up a name.

I read the link, but I am still not certain. While I know I can’t use lyrics without permission. Am I free to write that a character was singing (title of song)?

Yes, you can use titles. Song titles aren’t copyrighted.

Would it be okay if I were to mention and describe a specific public library building in my book? It’s not famous, just your average public library.

I don’t see why not. Privately owned businesses and buildings are where you run into trouble.

I have a book where one of the secondary characters is a certain sports team’s mascot-and is revealed to be an actual Minotaur beneath the costume he wears. He’s a kind and sympathetic character and would not reflect poorly on the sports organization but, of course, I want to avoid any issues. Thoughts?

I would create a fictional team. Most professional and college level team names are trademarked.

I’m writing a horror novel that involves an urban legend from where I grew up. I want to use the real town, however am I allowed to name the park? Like use the actual name of the park or no?

If it’s a public park, state or federal land/park/place, then you can use it. You should avoid privately owned business names.

Hi Samantha,

Coincidentally, we have the same name!

So, I have written my first novel, which will be self published through a credible Canadian company. Unfortunately, they do not provide copyright lawyers, and with self-publishing, the fees are extensive already!

I am just getting into the copyright paperwork with the company, and I have some trepidation on this because in my book, there is mention of an actual city and some of its landmarks. Other areas in around the city, I have changed the names of to keep it interesting. My main concern right now is that there is huge mention of Starbucks and other restaurants, shops and mention of celebrities — all written in a positive light. Secondly, there is heavy mention of the protagonists favourite band, and they are quite famous. There is a entire chapter of her experiencing their concert for the first time. I wanted these songs to connect with readers and want the book to be relevant in a lot of ways. Can their name be mentioned as well as a couple song titles?

Also, one of the characters drives a Jeep. Can I use that vehicle name? I just do not want to get myself entangled with legal issues for mentioning these items.

Do you have any suggestions? The book is set to release soon in the fall 2022, so I have a limited time to make changes. Or perhaps, do you think it is best to just use my imagination and shift words around so the readers can connect the dots from subtle changes of real places for example, changing the name of “Starbucks” — to like “Stonebrooks,” but describing it as a similar place?

Thanks so much ! I have been wracking my brain about this!

Take care, Samantha S,

Okay, lots of questions.

Business names are okay – like Starbucks – if you’re just mentioning that the characters meet there or hang out there. As long as you don’t say anything derogatory about the business, you’re fine. I’ve used real business names but I also make up a lot of names to avoid any issues. It depends on how much of the story takes place there.

State/federal/public landmarks are fine. Cities too. I make up my own fictional towns so I can create them just how I need them to be, but with cities, you can refer to the different sections for reference like “the south side” or Times Square.

Song titles are not copyrighted, so you can use them (NOT LYRICS!).

Celebrities and band names can be an issue (there have been libel cases in the past), depending on the context and content of the book. If you’re just mentioning the characters went to a band/singer’s concert (avoiding anything derogatory), or that they are the character’s favorite band, you should be fine. So is seeing a celebrity’s movie or TV show. I used country singer George Strait as a presenter at a fictional music award’s show, announcing on of my sub-characters winning an award. As long as everything is in a positive light, you should be fine. However, that being said, I would check with a literary attorney just to be 100% certain since you are using them “heavily” in your story.

As for Jeep – I know one author recently had a problem with using Jeep in a story and I’m waiting to hear back from her to get the full story again before I give you an answer on that.

Thank you for this post! It’s super helpful! Question about neighborhoods: I understand your point about small towns, but what if you negatively portray a neighborhood? My story takes place in Austin, TX and a small plot point concerns a group of fictional magical creatures who live in a real world nature preserve. That part would be clearly fake. The problem: in my story, one of them has been arrested and charged with a crime, due in large part to the prejudice of people from the surrounding wealthy neighborhoods. There are a few wealthy surrounding neighborhoods (houses go for millions of dollars). If I include the neighborhoods, I worry I’d run into legal trouble or, at the very least, offend the residents. If I make up a neighborhood, I worry it’d be too obvious what I ‘m talking about because the area in question is small. It’s not like making up a fictional town within a state. How would you balance that? Thank you in advance!

I would use a fictional neighborhood for the one reason you pointed out – offending anyone that lives in the real one – and also because you can get creative with the setup without anyone pointing out your “mistakes” about the area that might be intentional on your part. Maybe you can say it’s a new neighborhood that borders the real one.

I’m writing a story, I thought I used a made up name for a lake, but out of curiousity looked. To my surprise there is a lake with the same name in real life. My lake is in a different location, however, then the one I found. Can I still use that name?

Yes, you can. But if it’s in the same state/area I would change it. People who have knowledge of the real one might be confused with your version of it. I tend to search for names of mountains, lakes, towns, etc, in one state for ideas, then see if there is one in the state I’m writing about. If not, then I use it and can describe it however I need to.

Hello! I’m writing a fantasy novel and I want to use the name of a real city as the name of the main country in my book. Is that ok? Or should I change the name of my fictional country? Thanks!

Yes, you can do that. When I want to make up a small-medium town in one state, I go looking in another for names and then search the state I’m writing about to make sure it’s not used. This way I can make the town to my own specifications. I also made up a North African country for one series, but I made up that name. Anyway, you can do that.

Hello! Very useful information, thank you! I want to ask if I can use the real name of the village in my book, but describe the village in my own way, that is, not like the village actually is? I am writing a detective story and I have already thought of a place where events will take place. Only this place doesn’t have a name yet. So I’m thinking, come up with a fictional one or can use the real one. Thank you in advance!

Definitely make up a name for it. I’ve seen some readers get upset when an author takes too many liberties with a town that they know well. I do know an author forgot to check to see if there was a town with the name she was using in the state it was supposedly in. There really was a town by that name in the state and it was nothing like she describe and also where she placed it in the state (in distance-wise from bigger cities) was different than where it actually was. Some readers took off stars in their ratings because of it. I look for small town names that I like in different states and then check to see if there is a town with that name in the state I’m writing about. If there isn’t, then that’s the name I use. That way I can make the town’s specifications to suit my needs for the story.

Thanks for your very useful information! I am writing a novel based in Dallas, Texas and wanted to use the W Hotel. The hotel is not disparaged in any way, on the contrary, it is held up as prestigious lodging, but a prostitute and john go to a room in the hotel after attending a Dallas Mavericks / LA Lakers game. I am considering changing to the M Hotel. Is this enough of a change to the hotel name? And do you think I will have problems with using the NBA teams, Dallas Mavericks and LA Lakers?

I would use a different hotel name just because you don’t want them complaining about prostitutes using their business. Also, you may definitely have a problem using real sports team names since they are trademarked. Most authors create fictional teams and say they were added to the league. However, if you’re just saying that someone attended a game, that should be fine. But if you’re using players or the teams are a big part of the story, then definitely make them up. I have one work in progress where I added a new team to the MLB and in their third year they won the World Series.

You’re the best!

Came upon this site by accident. Very helpful information. Thanks for your research and your generosity in sharing

Hope it helped. Good luck with you’re writing!

What if there are hand written notes on things that happened in a celebratory life, the person is deceased, Like a diary, going to write it as a fiction book…. No way to contact the people cause they are deceased…. Would this be legal?

Unless it’s a relative of yours, I would consult a lawyer in this case.

Did you mean Celebrity life? If so, even after they are deceased they still have people who manage their estate and name and come after if you don’t ask for permission.

Hi Samantha Thanks for this wonderful advice! I wonder if you help with this please? I’m writing a narrated audio drama based in an area inspired by where I live. I have included two buildings that I think people will recognise- one a small theatre – I will not name it the same and the road names are different but it is definitely based on the real thing. The second is a private house where one of my key characters lives. It too is very recognisable- I have changed its name and described parts of the building which don’t actually exist as far as I know but some architectural features are real. The character is not based on the person who lives there – I’ve never met them. Do you see any problems with this? Thanks so much!

I don’t see any issues with it since you’re changing the names and adding/changing features. Most authors use real places as a basis for their fictional places. A lot of my fictional small towns have little bits of my childhood hometown or neighboring towns in them, but they would be unrecognizable to anyone reading it.

Greetings! You have an excellent site. Thank you for all you do.

I’m writing a non fiction autobiography. Is it okay to mention Penn Station (New Jersey area) and name different restaurants housed in or around Penn station. I have also mentioned different Butcher shops in my community. Nothing negative. Is this okay?

Penn Station is well-known and considered a public place, so that’s not an issue. I personally would make up my own restaurant and butcher shop names unless you ask the owners if they don’t mind you using theirs.

Hi Samantha ~ Thank you for the gift of your website and answering all of these questions.

I’m writing a mystery (fiction) and the character is traveling in a very specific STYLE of recreational vehicle – which is also featured in the title. I saw your comment about “Jeep.” Since this RV has a lot of different companies that make it (some people even make their own), is it ok to use the name of the Style of the RV? Would it be like saying, “car?” Or, “bus?” Or, maybe I should create my own new style of RV…??

Also, I’m wanting to use Sedona, Arizona as the location and incorporate the amazing energies that surround the area – it’s an integral part of the book. I was thinking about using Tlaquepaque (a very notable arts & shopping village) because it is so distinct. If it were you, would you rather create another similar type of venue with a different name ? Or, would you get permission to use the name and place?

So appreciate your generous heart and help!

If the name is trademarked for a specific vehicle or any other item, you’re better off not using it, especially in a title. Amazon won’t approve titles with trademarks in them. For the RV, if I’m just mentioning that my character drives a Ford Mustang, that’s fine. But if you’re using it for more than that, I would suggest making up your own. But “style” and “brand” are two different things. If you’re referring to a 5th-wheel camper (for example), that’s a style and that’s fine to use. As for Sedona (love that place!), I would create a fictional shopping center there for two reasons – one, it avoids any issues that might pop up with trademarks, and two, you can design it to your needs.

Thank you for thus post and website. I already got a few questions answered. However one question I have: my characters are in a book club. As book clubs do, they discuss and critique books and their characters. What is the etiquette for discussing actual books and authors? Is it appropriate for one of the characters in my book to say they didn’t like a character in an actual book and why? Does it matter if the author has passed on or still alive? For example, discussing/critiquing Agatha Christie or Carolyn Keene/Nancy Drew vs Ellery Adams/Jane Steward or Nora Roberts?

Also, if one of my characters quotes a line from a book, in the context of telling everyone else their favorite line? So clearly the author would be given full credit.

Thank you for your help:)

Etiquette for mentioning actual books and other authors is this: if you’re mentioning a specific author/book, do NOT have one of your authors say they didn’t like it or criticize it in any way. Not only does it come across as rude to the author (especially if they’re still alive!), but you may lose readers who actually love that author/book. That being said, you can create a fictional book/author that your character doesn’t like and say something like “I’m not a fan of (insert genre or sub-genre) types of books.”

Now, as for mentioning other authors in general, I have given several of my favorite authors shout-outs in my books by having my character reading their latest release or mention that so-and-so is their favorite author.

Quoting another author requires quotation marks and full credit to the original author in the context of the story to keep you from being accused of plagiarism. I would also mention it in the opening credits somewhere.

Hi Samantha, I am a retired British army officer and have just begun a new venture. writing. Your tips and encouragement are applauded, particularly regarding fictitious Towns and cities, This means names can also be fictitious which over comes the problem of clashing with real people in prominent positions if i chose real locations. All logical of course, but I can get those words down now without feeling who i might offend. Excellent advice, thank you.

You’re welcome! Thank you for your service and good luck in your new venture!

Hello Samantha,

Just the type of advice I am in need of! My soon to be finished novel is about a love story taking place in Illinois with a great deal of small to medium towns mentioned, in addition to some restaurants, all in a positive light. Also, International travel is involved and I am researching hotel names and attractions that my characters are visiting. Does this sound innocuous enough or should I just make up establishments instead? Thank you for your time!

Hi, Georgiann

Most of the authors I’ve talked to about this agree with me, but it’s personal preference. I like to make up the names for small and medium towns, so I can design them to my needs. Also, I’ve seen readers get mad at authors for taking liberties with their small/medium towns. I saw one reviewer who stopped reading the book because the author got the distance from a major city to the town wrong. Annoying, but I can understand where the reviewer is coming from. With a law enforcement and EMS background, I get annoyed when TV, movies, and books get things wrong for both professions. Anyway, good luck!

Thanks for your prompt response , candor and well wishes. I will take it under advisement!

You’re welcome!

I am writing a novel that includes an internship in a pretty rare location. There is an organization that does have internships in this area and I have used their website as a resource since I cannot travel there. Should I make up my own organization in the same place or use the name of the existing one? Should I contact that organization if I do use them and let them know? Or could I ask them for additional information? It is only a small part of my book but I want to get it right.

Hi, Kendra! Personally, I’d make up a new place for two reasons: one, it keeps any legal woes away, and second, I can design the place exactly how I need it.

Hi, I’m in the planning stages of a middle grades/young readers book that I want to set in the large city I grew up in. My question is: am I allowed to use the name of a real high school if it is a public school? Or should I make up a name instead? (It’s the high school I graduated from, so I’m not concerned about getting details wrong—more about the legality).

Personally, I’d change the name even though you’re modeling it after the real school, just to avoid any issues down the road.

Am I write a story set in a known place, like Disney World, Windsor Castle etc. ?

I would avoid Disney World as they have been known to sue over their trademark. Other famous places that are publicly or federally owned are okay to use.

I’m working on publishing my first book and I was curious if I will have a lawsuit on my hands just by having song lyrics in my book coming out a certain way. Not that I’m changing the lyrics but the book I’m writing has paranormal effects to it so I’m wondering if I’ll be sued because for a minute to show creep factor the song is played on the radio (in the book but sounds more demonic) not like going from country to rock but as if a demon was singing the song through the radio or changing it to scare the characters. I was also wondering if I would get a lawsuit for using an establishment like Dunkin’ Donuts but having my main character say: “We met at Dunkin’ Donuts. But I always called it Dunkin’ Dognuts.” Not by any means saying its bad but giving it like a nickname like Walmart=WallyWorld, Hannaford=Cannaford, etc.

Hi, Aynsley – sorry for the late reply but I just noticed this question wasn’t answered. Lyrics can not be used in your writing, as they are copyrighted. However, song titles are not copyrighted and you can say that the character is listening to the song. You can also mention it’s a cover of the original but was given a creepy factor. As for Dunkin’ Dognuts, that might get you in trouble, but it’s unlikely, however, I always err on the side of caution with things like that. Can you make up a fictional place and then give it a twist on the name?

Hello, I was wondering if it was okay in works of fiction to use names of organizations or gangs, such as Proud Boys, Oathkeepers or KKK, etc. Does it make a difference if they have been deemed a terrorist group or an illegal gang? Thanks for your guidance.

The KKK has been around for decades, so that’s not an issue. Taliban and Al Queda are internationally known and responsible for killing thousands, so again, using those isn’t an issue. However, I’d avoid the Proud Boys and Oathkeepers are relatively new, so I’d avoid them for several reasons, one being retaliation. Personally, I make up names for gangs and domestic terrorism groups.

Can you use a fictional email address in a novel? For example, I know that telephone numbers are preceded by 500. How can I used an email address in a novel? Is it okay to make up one with gmail.com or yahoo.com?

I made one up (forget what I used) but just search first and if it’s not being used then you’re good. Also, if your character has a business website, you can use that too (again, search to make sure it’s not real) – [email protected] .

I am writing a murder mystery and the victim’s favourite band is the Arctic Monkeys. I was going to have him die in a band shirt that features the arctic monkeys. Is that legal?

As long as you’re not portraying the band in a bad light, using their images or music to market your book, or blaming them for the death of your character, you should be fine.

Okay! Thankyou for replying so quickly!

I’m reading a book and was shocked to find the experiences of friends written into fictionalized but very similar situations. The exact procedures by which individuals were physically tortured are described. Some of the words exchanged by real people, which were recorded and became part of litigation, and are in court records, were lifted verbatim and assigned to fictional characters. In one instance, a copyrighted song title is lifted. The author states that the entire book is a work of fiction and resembles no one. Is this okay?

Song titles are not copyrighted, only the lyrics are. As for the sections copied from litigation and court records, that’s something that should be consulted about with a lawyer. Many fictional stories are based on real life incidences, but names and facts are changed. I’ve honestly never heard of someone using dialogue from court records without the book being “based on a true story” at the very least or calling it non-fiction. Sorry I couldn’t be more helpful.

Hi! I want to write a book but use the same kind of world that has similar rules and references to a book another author came up with. Like, take warrior cats. They have clans, the warrior code, names awarded to them as they level up in rank as they get older, and mentors. If I wanted to make up my own characters, but use the name logic and clan thing, can I do that? (Sorry this is super long, I didn’t really know how to frame it that well)

You can use an idea (trope), but use caution when it comes to the rules and references. If by warrior cats you mean something like shifters, where it’s common to use the established hierarchy of the animals the humans shift to, as in how lions live in prides and there’s one male who rules over the others, that’s fine. But be careful not to plagiarize another author or use their fictional ideas as your own.

Hello, I am writing a novel based off my life, and my ex’s first name I kept along with mine because there’s a significant theme tied to the names and I’m writing under a pseudonym anyway. Would I only need to get his permission to use his name if I used both his first and Last name?

If there is any chance you he may sue you for libel (if he doesn’t like the book, thinks it’s derogatory to him, etc.) or if he thinks that will entitle him to a share of the profits, then I’d choose another name, but my recommendation is to consult a literary attorney. If you do get his permission, then make sure you have it in writing with his signature.

I loved it your post. I would like to write a book about a part of my life. But there are others peoples involved. Can I change the names? Can the person claim if she see that is a part your life too?

Change the names and make sure you put on your copyright page that it’s fiction and not based on any real persons. Many fictional books are based on some part of the author’s real life.

Hello, Samantha: I love your website. I’m writing a historical fiction novel based on the life of a teenager during ww2. She spent two years in a concentration camp in France. I changed the name of the concentration camp, because I know it is still a military place. Is okay to change the name of the concentration camp? Thank you very much in advance!

Hello Samantha! Thank you for your website. I love it. I am writing a novel about a teenager who was in a concentration camp in France during WW2. The concentration camp is real (I’m writing a historical fiction novel), but I don’t know if I should change the name of the concentration camp since it is currently a military site (and it has the same name.) Thank you very much in advance!

Hi, Elena. Sorry I missed your first question. Since the camp is historical and not privately owned, you can absolutely use the original name, but you can also change it too.

Thank you so much, Samantha! Your response helps me a lot!

I need advise. I am writing a true story about elder abuse, by a family member. The purpose of the book is to raise awareness of problems with the elder abuse system and hep with some change to elder abuse issues. I am very concerned about liabilities from this family member, yet the story will help others and open dialogues about the problems and issues around elder abuse. Any suggestions about liability etc in writing such a book

Sorry, I just saw this. I would contact a literary attorney and ask them this question.

What a great article! just found it. Question: I want to use the name of a person from the early 1900s, who is now dead. Can I use his full name in my book, or can I alter it: Example: Billy Tipton to Billie Tipton. I want the reference to the original person in an endnote. Do I need permission, and if so, how do I get that? Thanks so much!

Someone long dead, with a historic past, you shouldn’t have any problems. Just use caution if painting them in a negative light – his descendants might have an issue with that.

You mention often of not painting or writing about a place or something in a negative light. Can you clarify a little more please? For example, my main character is attending Oxford University in England. There are multiple murders that take place near the school, and by one of the professors. The names of the characters are all made up. “Oxford” didn’t commit the murders, but there is violance toward a student that does occur on the campus. Is any of this legal? Or do I have to change the name of the school to something like Oxfordshire University? The information you provide is very helpful. Much appreciated.

Based on the fact that your murder is one of the professors, I would change the name of the school. The legalities are a fine line and their lawyers can accuse you of defamation. That most likely won’t happen, but it’s best to remove the issue anyway. You can make up a school name and say it’s one of the most elite schools in the country.

I’ve written a script entitled “Redondo Beach” because that’s where the setting of much of the film is set, and the town is not presented in a bad light at all. I think that would be okay, right?

Also, the epigraph of the film, the first image of the film, is a quote from Pablo Neruda, which pretty much expresses the theme of the film. Is that fair use?

Finally, the main characters quote and discuss a passage from The Little Prince. Is that fair use?

Using the town name, as long as it’s not in a negative light, is perfectly fine. Town/city names are not copyrighted. The quote is fine as well, as long as you put it in quotation marks and attribute it to the author. Here is a link that breaks down fair use. https://www.belmont.edu/legal/pdf/Public-Domain-Chart.pdf . For The Little Prince, the characters can discuss it just as if you were discussing it with a friend or in a class, but I would paraphrase the quotes instead of putting them in verbatim. You can’t take long passages without consent of the current copyright holder.

Hi there, thanks so much for the article you’ve written. It has been very helpful!

If you ever get this message, I had a follow up question about using New York and the New York City police department in a work of fiction. I plan on having a story where a private detective and good cops are fighting against a small group of crooked cops in order to bring them to justice.

Is there a way to do this without being sued? I was planning on putting a disclaimer at the beginning of the book stating that it is entirely fictional and not based on any real people or events. If you ever read this question, please let me know your thoughts.

Hi! The only thing you can’t use without NYPD’s permission is their badge and logo designs which are trademarked, or the names of any of their officers (or anyone else employed by them – if it can be avoided. Obviously, if you make up a name, you can’t do a search to see if there’s an officer with that name, but my point is you can’t use a specific officer’s likeness and name combined). Having the disclaimer in the book will cover you. NYPD is world famous, and like most police departments, they’ve had a few bad officers. There are many authors out there who’ve used the police departments of New York City, Chicago, Boston, Los Angeles etc. for their stories.

Okay, understood. Sounds good! Thanks so much for your quick response, Samantha . And Merry Christmas and Happy New Year to you and all your website visitors!

Thank you, and Merry Christmas and Happy New Year to you too!

Hello! Great post! I had a question for you. I’ve recently started outlining/world building a new story. It’s in a completely fictional fantasy setting, and so of course I’ve been making up all of the place/company/etc. names. However, after I did that, I Googled them and found that some of them are names of real companies and such. Obviously, there’s no relation at all between my made-up places and their real-world counterparts, since they were created before I even knew the real-world things existed. For example, one of them is part of a school’s name, and the real name belongs to a French cosmetics company.

Is it possible that I would get in legal trouble for using those names, even though they’re not connected in any way? Would it be better to change them just to be on the safe side?

Check for the names with the trademark office in the company’s original country. Trademarks must list what they specifically cover and what the name can’t be used on. In this case, I highly doubt a French cosmetics company doesn’t cover the use of its name in a fictional school, so you should be fine.

Hi! I’ve a question about using real people names? I’ve been trying to search the internet but not really found a clear answer. I’m writing a novel and the main character has the same name as this soap opera actress in real life, is that okay or should I change it to be safe? Or tweak it? My character is not based off this actress, she only has the same name.

Hi, unless a name is trademarked (and most aren’t), and your character is completely different, then there’s no reason you can’t use it. When I chose my pen name, I forgot all about a singer from the 1980s with the same name (without my middle initial).

I am writing a fictional story using actual historical figures. My question is in this story the main characters go to Florida and visit some of the theme parks. Can I name them or the rides therein?

Hi, Alicia – Disney gets very uptight when people use anything of theirs that’s trademarked/copyrighted, so you have to use caution. Can you make up a new park? This way you can make it to your needs and specifications. I’ve seen a few authors do that before.

Hi Samantha.

Great reading your responses to people’s questions – very informative 🙂 I’m writing realist fiction set in a women’s prison on a real island. On this island there are a number of prisons but only one is for women. It’s state-owned but I’m going to change the name. I want to use the names of some of the national parks and bays around the island, but this will identify my prison with the real one. Some bad stuff goes down in the prison so is it best to change the name of the parks and bays too? Should I distance the real prison even further by changing the name of the island? Grateful for your advice.

Hi, Jay. Even though national park names are trademarked, they are also federally owned, open to the public, and well-known, so you won’t have any issues using them or the names of the bay. Personally though, I would change the name of the prison and maybe relocate it a little (like mention it’s a newer prison that was built a few miles away or something like that). This way you can design and describe it to suit your needs. I do that with a lot of my small towns.

Good luck and happy writing!

Hello I would like to ask a question. I’m writing a book and I want some parts of the story to be located in Atlantis (the sunken city). Is this considered copyright? I’ll be waiting for your response! 🙂

Atlantis is a place in ancient mythology, so there are no copyrights/trademarks on it. As long as you’re not writing a story based on the film Aquaman (or any similar book/film), then you shouldn’t have any issues.

Hi – I’m writing a story about a real place with real people. The people named in my story all died before 1950. A newspaper article came out in October of 1941, about this strange family. They had a boarding school and the head of the school died in 1941. The story went nationwide. It had to do with burying things they loved. I had family members who attended the school, so I was able to use what they told my mother, and then eventually told me. I want to write a story using the real name of the place and the people. To the best of my knowledge, there are no living members of this family. I also doubt there is anyone that is familiar with the family, the school, or the newspaper articles. Can I write my story the way I want to? I appreciate any help you can provide.

Are you writing it as fiction or non-fiction? If it’s fiction, I would just change the name of the school and the names of the people involved (you can promote it as a “based on a real story”). If it’s non-fiction, I would consult with a literary attorney.

Hello, I just found this marvelous site by accident today and, I must say, I’m completely amazed at the things I’ve read here. I thought that a fictional story, once cited as fiction, would cover most liabilities, but I was obviously incorrect!

My question to you is this…I’ve written a novel wherein a young man is murdered because he drove a Jeep the same color and style as my heroine. (the murderer is, apparently, a moron) The incident is mentioned a number of times throughout the book. I chose a Jeep simply because I like them and the area she lives in is a mountainous, rugged area.

Should I go back and edit the Jeep out of my book? I hate to do it because it fits in so well, but I hate even more the thought of being sued just for using the brand name.

As long as you’re not making the Jeep at fault (like it was made wrong and caused an accident) then you won’t have an issue. It’s considered fair use as long as you don’t use it in a negative/defamatory manner. Most trademarked companies have no problem having their products used in fiction/movies/TV since it’s free advertising for them. I’ve seen several authors make a note in the front or back matter with a list of the trademarked products used in the book. In the story itself, you don’t use the trademark symbol either.

If I wanted a character to fight somebody at the top of the Shard in a fiction book, would that be legal or would I have to ask the owners of the Shard if I can add this scene into my book? Many thanks

Since it’s a well-known place, you shouldn’t have any problems as long as you don’t portray the place in a negative or defamatory light.

The information you have provide is very helpful as I am new to book write. Currently, I am in the process of mind mapping what I want to write about. I know I desire to write fiction and I know I want it to be biblical based. I wanted to write a story of one of the parables Jesus talks about in the New testament, keeping in line the true meaning of the scripture, but telling the story from a modern day view. Is that possible to do without running into copyright issues? Thank you and I look forward to your response!

The Bible isn’t copyrighted, so you’ll have no issues.

Hey Mandi, You might want to look into the Oxford University who claims a copyright on the King James version of the Bible through the Queen of England? I ran into that in one of my novels.

I wanted to add that I may have run into problems because I wanted to distribute my novel in England, and they have different copyright laws than we do? Sorry – I can’t remember any more details.

Hey Samantha, I’m writing a memoir but presenting it as fiction. I need to know about the copyrighted use of a Sonic, a Greyhound Bus, the town of Frederick, Oklahoma, the Frederick High School, and the casual mention of “a song by the Beatles.” I’ve changed names and altered appearances as well as I can remember since it took (takes) place in 1964, including the actual names of my father and stepmother – he’s dead and she probably is, too. I also mention disparingly some of her Hungarian traits when speaking? Thanks.

Hey! I was just wanting to know if it is okay to mention specific cars in a book. For example, a 1970 Dodge Challenger, or a 1953 Chevy pickup. No negative light would be on them, the characters would simply be driving them. Thank you in advance!!

Shouldn’t be a problem at all. Many authors mention the brand/model cars their characters drive. Most companies see it as free promotion as long as it’s not in a negative/defamatory way like you mentioned.

I’m writing a novel where one of the characters is obsessed with comic books and is an avid collector. Am I allowed to mention the names of superheroes or specific issues of comics (like Action Comics #13) in the context of my character being a superfan? My novel is in no way trying to reproduce or commandeer any of the comic characters or storylines. The character was raised by comics during a difficult time in his life and reading them shaped his outlook on life and his sense of justice. I’d prefer not to make up non-existent comics/characters but don’t want to run into copyrighting or trademarking concerns. Thank you!

Yes, you can say your character is a fan of (insert name) comics. It’s just like naming their favorite movie or book. As long as you’re no quoting the comics, implying that your character wrote them, or using them in any negative light, you shouldn’t have a problem. Most trademarked names like the positive exposure – it’s free advertising for them.

Hello there! Thank you for still replying to all the comments on this post with more detailed information!

My question: Is it okay to use popular historical locations in my writing like The Biltmore Estate or Graceland, for example? Like, if I wanted one of my characters to visit and talk about locations like this.

Yes, you can use them. Again, avoid painting them in a bad light.

Hi Samantha! Thank you for your helpful guidance here. So glad I found you!

My question: Is it okay to specifically mention businesses and their products? I want to have my characters enter an actual, popular store found in over 20 states. This business will be named, and I’d like said characters to purchase several unique items belonging solely to this franchise. When mentioned, the specific products will also be stated by their name, admired, and seen in a good light.

Hi, Mary. Most companies don’t have an issue with their products being mentioned in fiction, since it’s free publicity. Like you said, they’ll be admired and seen in a good light, so it’s highly doubtful they’d have a problem with it. Trademarked names can’t be used in titles though. I know one author had trouble using the word Jeep (the character’s nickname) in a title – ironically, there is nothing in Jeep’s trademark that it can’t be used for book titles – Amazon is the one that enforced the trademark though.

Hi Samantha, thank you for this excellent threat.

I have a question related to using a brand as the name of a character or location in a fictional work. Beyond use in a title (as specifically mentioned above with the Jeep example), are you aware of issues related to using brand names as names within a story?

An example might be a city called Rolex (where bad things happen) or a character named Saint Dior (who is evil).

Thank you for your insight!

I would avoid using any well-known brands as places or characters – that might open a can of worms you’re not ready for and some sites like Amazon and Apple may not let you list the book. There are numerous name generators for characters, towns/cities, businesses, and fantasy worlds, just do an internet search for them.

Yes, probably good advice just to avoid any potential conflict. Thanks!

Can I list names of songs and the artist but no lyrics? Also, can I list just the names of books and movies in my books?

One can’t copyright a title of a book, film, album, song, or television series. One may, however, on specific occasions be able to trademark a title of a movie or a television project (such as a Disney movie or the Hunger Games).

You can use song titles and the artist’s name, as long as they’re not used derogatory way. Many authors mention song titles in their books and may even include a Play List for the readers. These are songs that have inspired the story or are theme related to the story.

Hi! I’m writing about drivers who work for a fictionalized private cab (car) service. In my research, I found a old profile/article on car services, where their drivers are assigned and referred to by three digit numbers (“413”, “818”) vs. names (akin to a call sign). Can I use this setup (three digit call signs, using like-numbers) for my story? Entirely different premise than the article I read for research and no actual names from the article are used — just the “digits”.

Thanks so much for your advice!

Absolutely you can do that. It’s a common practice for cabs, limos, buses, ambulances, and police vehicles to be referred to as numbers.

HI!! I’m writing my first ever book and I’m kind of lost in some places and this article was a lot of help! The one thing I’m still kind of stuck on is whether or not I could use area 51 in my book. I don’t think that I’m painting anyone in a bad light as I’m making up a lot of it, but I’m not really sure since area 51 is so… secretive. Thank you!

Area 51 is a well-known (even though it’s secretive) place and not privately owned. Many fictional books, movies, and TV shows have used it. You’ll have no problem with it.

Can you use the names of Ivy League schools, West Point, Annapolis, etc? I’m considering sending my character to the university of Norte Dame with fictional names of the buildings and clergymen, one of them would be the Head of the Psychology Department however the debate is that the character is extremely smart. So I thought maybe south bend or MIT or both,

As long as you don’t paint the school in a bad light, you can use them.

Hi Samantha!

I have a really specific question about this, not sure if you’ll be able to help, but I really hope you can!

I want to write a fiction novel heavily inspired by 2 (still currently living ) celebrities.

I would change the names, characteristics, and some of the details. But all the “big” plot lines would stay same.

If someone who was a big fan of this band read the book, I know they’d be able to identify who is who.

It would be about how 2 members of a band (that is relatively known), and how they fell in love. Their relationship is one of the most beautiful things I’ve ever seen, it literally sounds like something you’d only find in a romance novel, not real life, and I thought this would make a great book.

It wouldn’t be done in a way that portrays the main people in a bad light, trying to keep the things they’ve talked about publicly the same, but just filling in all the gaps, the 90% we don’t know.

And yes, I could write a fanfiction about those events, filling in the details I could only guess at, but I want people who have never heard of this band (and wouldn’t know reading it, unless told) to know their absolutely amazing and beautiful love story that took decades to unfold. A story more people than just the ones who follow the band closely, get to revel in.

Again, all names and characteristics would be changed, but the main details of what happened wouldn’t for the most part.

Help? I think it’d be ok, it’s just with some of the details, people who love that band would be able to instantly tell who “inspired it”, and it would then likely get to the people who it’s about, and they could think it’s an invasion of privacy or something to write about their love lives.

I just want to write this so bad, but not waste my time if there’s a good chance I’d get sued by one of the people.

Like, if you met a couple and they told you the hour long story of how they met and how they fell in love, and you took all that and then filled in all the details (like the conversations and smaller events and moments other then the big ones), could they sue and say you stole their love story? Even if you have a disclaimer?

Most fictional authors find inspiration from real life. You’re taking a step in the right direction by changing names and details, but you may want to go further and change more of the details so that it’s not so obvious who you’re writing about. A disclaimer is always recommended on a copyright page that the characters and places in the story are fictional and not based on any real person/place. However, refer to this article as why it’s best not to be so obvious with your characters and the people who inspired them. https://www.theguardian.com/film/2014/may/14/scarlett-johansson-sues-french-author

Hey I was just wondering after coming across this page regarding a broad array of possible infringement in a certain light Novel ‘I am Really a Superstar’

So the MC basically goes to an alternate earth with major changes to art, media, science, math and basically copy pastes stuff like Wizard of oz, many famous poems, and TV Shows(Talk shows, Got Talent, Voice, Man vs Wild, etc.

He even added the lyrics for Let It Go, near the end before the novel getting banned. As far as I know it banned for conflict with SARFT cause of him showing them in a bad light.

But how did he got away with all that…he was giving credits where they were due, in the form of footnotes as well as in the story…….This still doesn’t make sense for him to get away with all that

Sorry for the rant,

TLDR: How did I am really a superstar avoided issues of copyright? It can’t be that he got permission from all of them

There’s a difference between using other works for fiction and non-fiction (with credit). I’m not familiar with the book, but based on your explanation, it was a fiction book. That’s not allowed. Usually, works like that get uploaded for sale, but it’s not until people start reporting it that the book will be removed for copyright infringements.

Hello Samantha!

I’m working on a fictional story about a boy band and I’ve had my heart set on naming them Nitro, which is the name of a real-life heavy metal band. They even have a Wikipedia page. 🙂 Even though the angle will be positive towards this fictional band, should I just swap the name to avoid issue?

Thank you so much!

I always go nuts trying to name fictional bands. I wouldn’t use it, especially if they have a following. However, you could play around with some adjectives or something to make it similar but different. There are also “band name generators” on the internet that let you enter keywords, and they generate some random options for you. Just google them. Some are better than others.

My former publisher still holds rights to a novel I wrote that they published in 2006. Because of digital rights, the book will likely never go “out of print” although there are likely very few print copies left anywhere. Can I use the same characters I created for that novel in a new novel I’m writing or would that be considered contract violation?

You would have to check your contract with them. I would advise consulting with a literary attorney.

Thanks for the reply. I will do that. I posted because just wondered if there was perhaps an industry/legal standard about who owned characters as opposed to stories, and as I’ve never considered using my characters in another story before, I had no experience with it. All Best, M

Hi, I’ve skimmed over past comments, they have been very helpful . I am planning to write a book which bases in a university. Is popular universities such as Harvard University allowed to be used in books as main places the characters go to?

If you just want to mention that the character is going there or graduated from there, that’s fine. But if you’re basing the entire story there, then I would create a fictional Ivy League university.

Hi. I have a question I’m not sure you can help with.

I’m writing about a business’ well known activities in a certain area. I am fictionalizing the company name, but setting it in the state. How detailed can I be about the nearby areas without causing a problem? Should I just make it up and give maybe the area the activity is in, like the northeast side of the state?

I would appreciate your answer, if you can. Thanks.

Hi, Kim – Personally, I would create fictional names for the town and surrounding areas for several reasons. First, it will keep you from being sued or harassed for any similarities that are painted in a negative light. Second, if you get anything wrong or adjust things to suit the story, some readers get annoyed when they know the area in question and will call you out for not doing proper research. Third, it’s far easier to create a town/section of a city to suit your own needs for the story, than trying to fit the story into a real area.

Hope that helps!

Hi Samantha, Great site, just came across it this evening. Question – I just finished an AI-generated photojournalistic book based on the 1969 Woodstock concert. I even named the sub-title, “A Photojournalistic Trip into the Impact of the Legendary Music Festival As Seen Through the Lens of Artificial Intelligence.” So, I’m right up front very transparent about it being a fictional work. In both the Introduction and the Forward, I mention how AI was used to create all the text and images.

The [AI] author and storyteller (via her journal entries) is an 18-year-old amateur photographer who attended the concert and captured the experiences of 16 AI-generated hippies who also attended – all have only first names (Katie, Mark, Maggie, etc.), even the AI author only has a first name.

I tried to be as careful and respectful as possible: • No song lyrics mentioned. • The official Woodstock logo/trademark is never used. • No real human photos were used as prompts for images – only word prompts like, “tall hippie boy with a dog”, “two hippie sisters playing in the mud”, etc. • No likenesses to any musicians were used. The only mentions of real musicians are, for example, “Jefferson Airplane was the last band to play on Day 2 of Woodstock.” I fact checked anything that was referenced to the real concert. • I have the ‘work of fiction’ disclaimer on the second page. • Everything about the book places Woodstock in a great light.

Do you see any issues with using the Woodstock concert by name as the core event where all these fictitious characters are describing their positive experiences? Thanks!

I see major issues with this, mainly because of the AI generated images and text. Unless you have the rights to the images that were used by the program that generated the AI images, you’ll have several problems.

1) If a photographer can prove that part of your image is from their copyrighted image, they can sue you.

2) As per the Supreme Court, you can’t copyright those images, therefore, you may not be able to file a copyright for the book itself.

3) Many AI images are still easy to spot based on oddities. If these are spotted in your images, the readers may mention them in their reviews.

4) If your text was taken from copyrighted books and articles written about Woodstock, which based on your description I’m going to assume it was, then again, you’re subject to a lawsuit by the original authors.

5) Despite your transparency, which in this case I agree with, you may have a lot of readers decline to purchase the book. Right now, there is a HUGE chasm between people who support the use of AI for images and writing and those who despise it and refuse to knowingly read anything created with AI.

6) “Woodstock” is trademarked by Woodstock Ventures LC. So you’ll have to research (I advise checking with a trademark/copyright attorney) whether any part of your book infringes on that trademark.

Thanks Samantha! Quick follow-up question – I agree, and I fully expect the chasm to pretty much always be there until AI becomes more mainstream, then I expect the interested audience to grow.

But from a copyright perspective, what if, like I believe you mentioned in one of your other replies, I offered the book for free as simply a portfolio builder – so maybe offer it as a download on my website for anyone who wants to see an example of AI-generated literature.

I would not try to copyright anything within the book, just offer it as a free download. Thanks!

You may still run into issues, especially with the images. There have been successful lawsuits in the past against people using copyrighted images without permission on their websites and blogs. I know of one blogger who was sued (and lost) several years ago because she used an picture of an apple that she found by googling images. So again, if a photographer can prove that their copyrighted image was used to create your AI-generated ones, they can and probably will file a lawsuit. It doesn’t matter if you’re selling the book or offering it for free, you still can’t use them. For the text, even though it’s labeled as fiction, if any of your text generated by the AI comes up as something that appears to be plagiarized from another article or book, again, you may be facing a lawsuit. While you’re being transparent about using AI, there are still issues. I don’t want to hear you got sued, so my advice is to consult with a trademark/copyright lawyer. Just because AI is available for anyone to use, the laws are still catching up. What you might be able to get away with now may change in the coming months/years.

Thanks so much, appreciate the insight.

Hello! I see you have commented on, some of the type of questions I have earlier. Just seeking an answer for my exact situation. I’m writing a fictional novel that takes place in the early 1990s in Los Angeles. Can I write something like this ~ “They really enjoyed watching Law and Order together, every Tuesday night.”? OR “He ordered a rum and coke.”? Can I use TV show names and product names? Also, you have previously mentioned, we should not use Disney. What about just a simple ~ “That next week, he took me to Disneyland. We had such a good time!”? Or should I make up an Amusement Park name and not mention Disney at all? One more- How about historical events? My story is fictional. The male character is a Cop in LA, in 1991. So, I feel compelled to include the subject of Rodney King and the differing opinions surrounding that event. Is that allowed since it was a factual event or would that be infringing on the King’s family ownership or the LAPD?

TV shows and movies can be mentioned without an issue. Brand names like Coke can be used as long as you don’t paint them in a negative light. Some authors lists the actual brands in the story at the beginning or end of the book, just to acknowledge their trademarks. As for Disney, you can say that they took a trip to Disneyland, but you can’t base the story there or use any of their characters as part of your story. You can mention they saw an actress playing Cinderella, or an actor playing Darth Vader, but anything beyond that, such as interacting with those characters, may cause an issue with Disney. They’re very protective of their brand but mere positive mentions of Disney World or Disneyland is free advertising for them, so they most likely would never complain about that. As for Rodney King, that is considered a historical incident in the history of California and LAPD and is widely recognized. You can mention the incident and the controversy surrounding it and the fallout. Just make sure you keep the facts accurate.

could i put a old closed theme park in my indie horror novel? https://en.wikipedia.org/wiki/Belmont_Park,_Montreal it’s for a section in 1958 where *SPOLIERS* and then *MORE SPOILERS*

Since it’s now defunct, I don’t think you’d have a problem with it. That being said, I personally would rename it while using the park as inspiration for a fictional one. That way you can create it to fit your needs.

Samantha, I just want to thank you for this site and for your incredibly insightful and professional advice to those who have written questions. Due to those questions and your responses, all my questions have been answered. So thank you 🙂

I am writing a novel that jumps through time from BC to the future- it’s a sci fi spoof. It uses historical events but rewrites them. I have a scene which occurs in 1970 at the old McDonalds headquarters in Illinois with a fictional McDonald’s CEO – he only has a couple of lines of dialogue and it is clear that the situation is not reality. Will that cause problems? Cheers

As long as there is no defamation or derogatory statements about them, you shouldn’t have an issue.

I am writing a young adult novel that involves one of the California Missions. Can I use that name and location or should I make up another name and location? I’ve researched the Mission and its history, and I’d like to be able to include that.

Thanks for your wonderful comments and replies!

They’re historical landmarks, so using them shouldn’t be an issue. Just avoid using images of the individual seals on any graphics/covers as they’re probably trademarked.

Hello! Just read your article and I feel really relieved. But I still have a doubt. I came across an article related to a prisoner, friendly jails and small towns. So if I am to write a fictional story inspired by this, can i create my own jail in that place, or, am I allowed to write the name of the place and jail that exist in reality? Because jails and stuff are usually sensitive places. Waiting for your positive response! ^_^

Hi – For smaller towns, businesses, etc., I tend to create fictional ones for three reasons. One, I won’t run into any issues with whoever owns the business. Two, I can describe it to suit the story. Three, I won’t have readers calling me out on any mistakes made about the place. I would create a fictional prison/jail/town unless it’s a historical place that is well known but then you have to do your research to get the details correct.

Samantha, In a fictional children’s book that takes place in NY, can the character have on a Yankees shirt in one scene?

Go Yankees! LOL – I live in NY. Anyway, as long as you don’t have the kid being ridiculed for wearing it, you won’t have a problem. However, if this is an illustrated book, the NY Yankees’ logo is trademarked and can’t be used without their permission.

Thank you! I needed to know that. If my children’s book takes places in NYC, can I have the names of stores, restaurants, etc in the illustrations? Everything is very positive!! I ❤️ NY Joy

Hello! RL Stine uses so many brand names like Nike, Reebok, Nintendo, Game Boy, as well as movie names and other pop culture references. What’s the legality of saying something like, “She kept her Nintendo Switch in a Louis Vuitton bag” etc?

Is Nintendo as litigious as I hear they’ve become lately? What company names should I avoid at all costs? And are famous authors given a pass because it gives those companies exposure, whereas if we do it we could be easy targets?

You have to use caution when including trademarked brand names in your books. Most companies see it as free publicity as long as the products aren’t used in a negative light. I’m not aware of Nintendo’s policy, but Disney is known to sue people for trademark infringement. That being said, they’re unlikely to go after an author for mentioning that their characters took a trip to Disney World. If you’re unsure of the legalities, please consult a literary attorney.

Hi, your article was really useful as a first time writer whos worried about the copyright side of writing. Though, I was wondering if ‘d be able to mention my fictional character plays for a real professional sports team? And if so would I be able to use the actually players on the team or would I have to make up teammates as well? I’d also like to know if I’d be able to mention a real well known athlete and their team , I wouldn’t be using them as like a character in the book but more so mentioning them and having them be the main characters inspiration.

No! Do not use a real team unless you’re saying that a character is going to their game. If your character is playing for the team, create a fictional one with fictional characters. Look at the sports genre or romance sports genre. Authors create fictional teams all the time. The real teams are trademarked and you can get in trouble for using them and real-life players.

Hello! I’d like to first thank you for this post it’s very useful and answered a lot of questions I have. I’m sure at least a few people have asked this question or something similar but there’s a lot of comments to look through so sorry if its a repeat. I was wondering I’d be able to have my fictional character play for an actual professional team? I wouldn’t be portraying the team badly or anything like that but just simply having them play for the team. And although they will hardly be mentioned if I am able to use an actual team would I also be able to use the players for that team as well or would I have to make up my own? Again I wouldn’t be portraying them in any bad way.

Ironically, this question was asked by you and another person within an hour of each other lol. Here’s my answer again. No! Do not use a real team unless you’re saying that a character is going to their game. If your character is playing for the team, create a fictional one with fictional characters. Look at the sports genre or romance sports genre. Authors create fictional teams all the time. The real teams are trademarked and you can get in trouble for using them and real-life players.

How funny! Thank you for answering and clearing things up!

Can I mention video games by name and other information such as a type of character from the game in my novel? Do I need to give credit to the company that owns said online game?

Characters and games are trademarked. I wouldn’t go further than saying your character was playing (game title). Most companies would consider that free promotion. But going further than that might get you into trouble with them.

Are you allowed to use the definitions and connections of symbols as defined in a handbook that is meant to teach the subject?

Thanks in advance!

For definitions, you would need to give credit in a bibliography. For symbols, you’d have to get permission from the person who created them for a website or another book, have someone recreate them yourself, or purchase them from a site that sells them for that use.

Finding this site has been very useful to me, as I am trying to help out a new author by reading his work of fiction before it goes to print. The book has various settings from Washington DC to mid-size towns in various states. I have been getting caught up with trying to make sure all of the locations, street names, businesses, etc. are accurate. (I am finding it is a mix of real and fictionalized.) He didn’t ask me to do this, but I am a detail-oriented, research-y person, and I wanted to make sure everything was accurate, b/c these are places people know. From reading your comments; however, it sounds like that is not necessary since it is fiction. I see the benefits of fictionalizing school names, businesses, etc. in real cities & towns! It definitely releases me of all my fact-checking. I also see the legal benefits!

Here are some questions I have, though. You said that real entities like NASA, FBI, NYPD etc. can be referenced without issue. I saw a question where someone asked about potential issues with writing about fictionalized dirty cops and you said that is fine as long as the names and likeness cannot be tied to real persons. So is it fine if a police character is identified as being from a real police dept., but that fictionalized police officer likes to bet on sports and occasionally snorts drugs?

There are some scandals that take place that involve fictionalized characters in a different real police department, a real public school, a real town council, etc. I will definitely recommend that he change the name of the school, bc some negative activity takes place there, that the real school would not relish. I am wondering about the other two entities. Even though he uses the name of an actual town, (and I understand why he wants to do that), should he alter the name of the police department even though the “dirty cop” characters are fictionalized?

Finally, part of the story involves an actual native American tribe and its history in the area. I know this is a tricky topic. All references are positive. After reading your recommendations, I am wondering if he should change the name of the tribe in the book, even though anyone familiar with the area will know to which real-life tribe the author is referring. Thanks in advance for your guidance on these points.

Hi! Let me go through the questions one by one.

For the cities and towns, I prefer to make up my own street name that doesn’t exist in them, so I can write it to suit my needs. I may use a section of the city, such as Chinatown, Harlem, or near Times Square in NYC, but the street and businesses are fictional. Public/government-owned/historical places are never really an issue as long as the descriptions are accurate. I’ve seen reviews where readers were not happy that the author didn’t research the site well and there were a lot of inaccuracies. Sometimes, the author can get away with putting a note at the front of the book stating liberties were taken for creative reasons. However, privately-owned places, such as Disney or Graceland, can be an issue if used for anything other than saying a character visited them.

Using real police or fire departments or government agencies in fiction, TV, and movies happens all the time, including having dirty cops, firemen, or agents. For example – Law & Order or Chicago Police or Chicago Fire. However, all character names should be fictional. I’ve also made up different precincts that don’t exist so as to not damage any precinct’s reputation. For anything smaller than a big, well-known city, I would make up the names of towns, unless it’s just a passing mention that a character lives there. Law & Order uses a lot of our real suburb names in the different shows, but it’s usually to state that’s where a witness or a suspect lives and the detectives go there for interviews.

Definitely change the name of any schools that might be negatively impacted by the story. Again, for the town council, small/medium town, use a fictional name for it.

For the Native American tribe. You’re correct that this can be tricky. There are numerous author groups on Facebook and some that have diversity editors or consultants. I suggest he find someone with knowledge of the tribe he’s referencing to make sure there is nothing that is inadvertently controversial or derogatory. He can always create a fictional tribe, combining attributes of real ones.

Hello! I want to write a motivational book with the title “How to learn from Spiderman to be a winner”. The book only contains motivational advice, like: just as Spiderman fought hard against all obstacles and with a lot of willpower overcame them, you can be a fighter with the same mental strength that Spiderman had, etc. If this book is for sale, do I have to ask permission from the people who produced the Spiderman movie in order to sell the book? What if the book is offered for free? What if this book is already published and offered for sale, but I haven’t yet asked permission from the people who produced the Spiderman movie? Thank you!

Spiderman is trademarked by Marvel and you absolutely can NOT use the name or any likeness without their permission, and it’s highly unlikely they will grant that. You can not sell the book or give it away for free. If Marvel comes across your books, at the very least, the sale sites will remove it under trademark infringement and you can lose your account with that seller. At the most, you can be sued by Marvel. Any character that is trademarked, which most are, can not be used without permission from whoever owns it. The most you can do in a book is mention that your characters went to see the latest Spiderman movie or a character is a fan of Spiderman – that’s it.

Thanks for the reply! But in the case of the Terminator, is the answer the same?

Yes, it’s trademarked by StudioCanal. All well-known characters are trademarked. Just put the character name into an internet search with the word “trademark” and it will tell you who owns it.

Thank you for writing this helpful post! You’ve answered a few questions I’ve had.

I’m attempting to write my first novel (yikes!) and I’m learning as I go. There is one question that has been nagging me and I’m hoping you can give me some advice.

The main character is in the USAF and he has some run-ins with some not so nice fellow officers (and the bad guy(s) are going to be in the Air Force too). Is this okay, or will I offend someone or get in trouble with the AF? I’m not bashing the AF, there are just some bad eggs in it (in my story). And every character I’m using is completely made up and the crimes that take place in the novel, take place in fictional locations (the only real Air Force base that is mentioned is Ramstein, and the main character gets transferred from here in the first chapter).

Also, I know that veterans and avid military genre book readers love authenticity, but for the purposes of my story (which takes place in modern times, but a fictionalized version), I need to take some creative license with some things related to the Air Force. For example, I’ve made up a junior academy that is affiliated with the real Air Force Academy and some of the aspects of a court martial that are part of the plot. I did do some research, but I don’t think I can be 100% accurate (i.e. getting bogged down in details) and keep the plot moving. Is it okay to use creative license if I place a disclaimer in the beginning, or am I going to inadvertently offend some people?

Thank you for your time and any advise you can give me. 🙂

Writing about bad eggs in the military or law enforcement is common and won’t get you into trouble as long as you use fictional names and put the standard disclaimer on your copyright page that everything in the book is fiction. For the creative license, just put another disclaimer right before chapter 1 and at the end stating that you used creative license for the sake of the story.

This is one author note I have in one of my books:

Any information regarding persons or places has been used with creative literary license so there may be discrepancies between fiction and reality. The military missions and personal qualities of the members of the individual armed forces within have been created to enhance the story and, again, may be exaggerated and not coincide with reality.

And this is another:

Liberties were taken regarding the town of Ouray, Colorado, the surrounding mountains, points of interest, and topography for the sake of the story. Any discrepancies are intentional.

Thank you for getting back to me and for your very helpful advice. This takes away some of the worry that I had, and gives me an idea of how to word my disclaimer.

Once again, a big thank you! 🙂

You’re welcome! Good luck!

I have a combination of comic book ending and text book only book. In the comic book I used an image of Oprah Winfrey interviewing Barack Obama sitting by the fireplace. The illustrator did this with Oprah’s image interviewing a character in my book sitting by the fireplace. Is that legal?

That’s a copyright infringement of the original photographer’s photo (or videographer if it came from a video interview). Oprah’s name is also trademarked, so using her that way in your book can result in you being sued. It’s one thing to mention that a character is a fan of Oprah or her show, it’s completely different to use her as an actual character in your book. I would consult a literary attorney before publishing your book.

Hi there. Thanks for all your great advice! I’m thinking of using three words from a popular poem as a novel title. Does this violate copyright law? E.g. Chinua Achebe titled “Things Fall Apart” from Yeats’s poem “The Second Coming.” Would this require permission or are three words in a poem allowed under fair use? Thanks!

Three words that are common and spoken by people every day won’t be an issue.

So song titles are okay to use and lyrics are not, but what about the song as a whole? I’m working on a novel inspired by a famous song. The song has multiple interpretations and even the band refuse to confirm which is true, if any. But I’m using elements of the song to structure the plot of this novel. I change a lot and am only inspired but I worry that it’s too close/similar.

Say, for example, the song was Minnie the Moocher. My novel could begin with a rough and tough prostitute in the 1930s who has a heart of gold, falling for a drug dealer, who takes her to Chinatown and gets her addicted to opium. While drugged out she has a weird dream of riches and the aristocracy. She gets sent to a sanitarium and there she dies.

Names, locations and more are changed but the novel plot roughly resembles the storyline of the song.

Am I explaining that well enough? Sorry if I’m not.

But would that be breaking copyright laws?

There are many books and movies inspired by songs, and vice versa. You just can’t quote the lyrics.

Sure, but it still seems similar to me and that’s a worry.

Okay, let’s see if I can explain this better.

There’s the dream line in Minnie the Moocher that goes: “she had a dream about the king of Sweden… he gave a diamond car with big platinum wheels…”

Then say I write a whole scene in which my character, Betty, has a dream in which she falls in love with the king of Norway and he gives her a wedding gift of a car encrusted with diamonds and the hubcaps were cast from the purest platinum… or something like that.

See my concern? It’s different, sure, expanded upon and changed. And I’m. It quoting the lyrics directly. But it’s still very similar, it’s just one scene (add in all the other similar scenes and the pattern emerges) and I’m using the lyrics in a way, indirectly.

So is that legal? Or not? Or too close to call?

As long as you’re not using the lyrics word for word, and you’re putting a bunch of other words in with the narrative/dialogue, it’s not an issue. But if you’re still concerned, consult a copyright attorney.

For example (using what you wrote): Betty couldn’t believe what her new husband gave her as a wedding gift. She’d never seen anything like it! A brand new BMW XM, encrusted with thousands of diamonds. As she walked around the vehicle, gaping, the king explained some of the features, “It’s got platinum hubcaps, seats made of the finest leather, . . . . . . . . . .”

Okay, thanks ever so much!

Is it ok to use the name of a real place of business in a real city as long as I don’t disparage the business?

Yes and no. If the name is trademarked/copyrighted for any use without permission, then you can’t (check what the trademarks/copyrights cover – they may be specific or broad). If it’s a well-known landmark/business and you’re just mentioning it, such as – They went shopping at FAO Schwartz – then you won’t have an issue. If you’re basing the story as taking place in the business, then rename it. You can use the business as inspiration, but you’re better off giving it another name if your character is working there or anything similar.

Can a speech given by a politician such as a Senator while in session, be used in whole or only in part (in a true-to-life fictional story)?

Most speeches (political or otherwise) have been written or recorded beforehand. Therefore, they are copyrighted, and you would need permission to use them or parts of them. For example, Martin Luther King’s “I have a dream . . .” speech is owned by his family, and to use it in any work, you would have to get permission from them.

Hi, I know this question has been asked a few times but the last specific usage I saw you mention, you were waiting to hear back. Sorry if you’re doing repeats!

I want to describe my character’s cars. Can I use Kia Rio, Corolla with a massively dented door (if I then go on to explain she was subject to a hit and run), or old and dirty Jeep Cherokee? (The character was otherwise clean, but he kept his car nasty)

Or should I stick to hatchback, sedan and SUV?

In this case, I would keep it to the description – sedan, SUV, etc., unless it’s vital to the story, such as a suspect was driving a certain vehicle during the commission of a crime.

Thanks. I’m going to go generic for that. How about this one: I have a little child who has seen Disney’s movie Brave and compares a neighbor to looking like Merida because of her crazy red hair. How would you rephrase this line? “I like her hair. She looks like the princess from Brave.” I thought about calling her a cartoon princess but I don’t think kids today use the word cartoon. kids would absolutely make the Disney reference

Great website. I’m writing a fictional story in Scotland. One of the characters attends a real university with a real specialized course. Do I need to get permission to use their name and course? Another character loves a real local soccer team and he eventually works for them. Do I also need their permission?

Sorry! I just saw this. I wouldn’t use the real university name – most are trademarked. Create a fictional one. You can still base your description on the real one. Unless the course title is trademarked/copyrighted, I doubt you’ll have an issue. For the soccer team, definitely make up a name. Most team names are trademarked. If you’re just mentioning that your character went to a game, then you wouldn’t have an issue, but basing part of your story on the character’s job with the team has a chance of you getting a cease and desist letter from the real team.

I don’t necessarily want to use names from a video game, but the player names that other players in that game world chose is what I wanted to use as characters in my book. The scenarios and stories in the book are unrelated to the game and fictional.

I would avoid using someone’s game world name in your book if it’s very unusual unless you have their written permission.

Hi, I am currently writing a children’s picture book and I have one of the characters saying this popular phrase… ”A wise person once said, Its always nice to feel important, but its always important to be nice”

is this allowed?

Thanks in advance

Sorry I just saw this. The phrase is similar to “It is nice to be important, but more important to be nice.” It’s been attributed to the renowned investor and philanthropist John Templeton. I would either give him credit or rephrase it.

I am writing a novel located in a small town, in a small county in North Carolina. I am using the actual name of the towns and the county. The evil doer in the story is a mining company committing a murder. I am not using the actual name of the mining company. I have made up a fictitious name for the company. I note in the story that there is only one mining company, where in fact, in reality, there are two mining companies actually operating in this county. This is the heart of the story. Am I risking a lawsuit from either of the two actual mining companies? I know that anyone can sue for any reason, but seriously what is my risk here?

It’s doubtful based on what you described that you’d be sued, however, I strongly recommend creating a fictional town. I prefer that for my small town books for a few reasons. 1) I can create/describe it to fit my needs. 2) Anyone familiar with the real town may take issue with any descriptive errors, whether intentional or not. I saw one review for another author’s book where she used a real town and the reader complained that the author got the distance wrong to a nearby major city. You can use the real town as your basis, but come up with a different name. I usually look up small towns in other states for name ideas and then do a search for that name in the state my book is set in.

I am writing a story based off the elements of the 1800s with hierarchy being upper class, middle, working and underclass, but in a modern timeline. I want to use New York, and other states, cities, countries and unoccupied mansions as the houses for fictional characters, but i am also fine with creating a location and mansion different than what truly exists.I may also want to use references and brands that exist in modern time (would it be defamation if my fictional characters expressed a negative or positive opinion on brands and movies?). I want to makes sure i am well educated on the history, and legalities.

Sorry, I thought I replied to this but it didn’t go through. I would use fictional mansions so there will be no issues with the current owners and you can create them to suit the needs of the story. I would definitely avoid negative opinions of brands – instead create your own brand name and say it’s famous. Readers have no issues with fake brands, team names, public building names etc. Opinions of movies won’t be an issue since they are critiqued all the time (think Rotten Tomatoes lol).

Hi Samantha, You are awesome, thank you for all of this advice! I am writing a “small town” compilation of short stories featuring legends, lore, wild and strange stories. I will interview friends and townspeople. I do not plan to mention their names. My question is, what if the person I am interviewing messes up the story and I do not realize it, and then I get a lot of backlash saying the stories are untrue? I assume just saying “stories are based on the interviewees’ recollections”? would suffice?

I think you should be fine with that disclaimer. I also wouldn’t rely on just one person’s response. Ask the same questions to several people. Obviously there will be some discrepancies since everyone recalls things differently. However, it’s common for legends and folklore to change through the generations, but the main concept usually stays the same.

Hi, great website, very helpful. I have several questions. I’m wanting to write a book where the fmc is a teenage pop star who falls in love with a member of a extremely popular boy band. I would change all names including the band’s name. They would be portrayed in a positive light. I would not use any of their song titles or parts of their lyrics, everything would be fictional. Although I would change everything people would more than likely know who I’m writing about. Can I still do this? I want the book to take place in a fictional town several hours outside of NYC. Also I want to use NYC and L.A. for part of the book. However, I am not familiar with either city. Will you please advise me on how to include those two places? Thanks so much! Ruth Henson

There are dozens of books with the trope you described. As long as there is no connection to the real people (name, description, title, quotes, real life events that are identifiable, etc), you’ll be fine. Just note that an author was recently called out by the book community for trying to capitalize on the Taylor Swift and Travis Kelce romance, using quotes from his podcast, an image that looked very close to Taylor on the cover and more. Another author was sued by actress Scarlett Johansson for using her name and description combined with fictional events.

As for NYC and L.A., my suggestion is to research the cities and venues you want to use. If you need something you can’t find, then create it. I live outside of NYC and often use fictional street names, businesses, and venues, and set them in general areas like, Greenwich Village, Chinatown, Harlem, The Bronx, etc., so I can write them to my needs. This way, no one can complain about inaccuracies. A lot of authors do this as well. When it comes to smaller towns, I always create fictional ones so I can suit them to my needs.

Thanks so much! That was very helpful. If you don’t mind, I have a few more questions. 1. If I change everything about the real people, could I at least keep their nationality real. They are from Britain. Would I have to change that? 2. If I wanted to have them play at Madison Square Garden, would I have to change the name? If so, would, The Garden work? Same question for The Kia Forum in L.A. Thanks again! This is the most helpful website I’ve seen. I really appreciate you taking the time to do this!

Hi I’m writing a novel in which I intend to use the lyrics of a song of Frank Sinatra : strangers in the night with some modifications , I mean by changing some words to meet the novel scene needs . would that be all right legally speaking ? Thanks

You have to be very careful when using lyrics of any kind. Titles are not copyrighted/trademarked, but lyrics are copyrighted. You can say something like – Harry hummed (or sang) Strangers in the Night. You might be able to get away with some modifications, but only with short lines. This is one that I put in a book. The song is God Bless the Broken Road, and the actual lyric is “God bless the broken road that led me straight to you.”

My reference – She was the woman his heart had been searching for, and if any of those other relationships had worked out, he wouldn’t be standing here next to his destiny. A line from one of his brother’s country songs came to mind—something about God blessing a broken road leading him to this point and to her—and he knew it would be his mantra to her for the rest of his life.

Anything more than that, you may run into issues. If you’re still concerned, I would consult a literary attorney about the specific scenes.

Thank you Samantha for your reply well to give you a closer look . It’s a low fantasy novel and the scene is about an insect trying to suck a man’s blood while he’s asleep so while flying over his head , it looks down at his fleshy cheek and says : wow so lovely and nice cheek really inviting as Frank Sinatra says …Oh ! something in your eyes is so inviting , something in your cheek is so exciting , something in your sleep is so relaxing ….strangers in the night exchanging glances , wondering in the night what were the chances …. What do you think Samantha Thanks

Thanks you for all this very helpful information. I am writing a fictional historical cozy mystery using my town as the setting and would like to use some of the local privately owned businesses- I am subtly changing the business names. Example- a winery I would change the name to Gold Anchor Winery BUT, can I still use the REAL name of one of their wines???? For example (and I’m making up a name here), if their wine is called Abraham Lincoln Honest Merlot. (They have a wine named after a revolutionary war soldier and I would like to use that as part of my story. …. Or do I need to change the wine name, as well?

Without permission from the business, you can run into trouble even if you’re tweaking the business name a little. Some businesses may even hold a trademark for the name. I wouldn’t use the real names of the wines unless it’s just in passing – like a character orders a specific brand of wine or alcohol and it holds no bearing on the actual story. If the brands are a bigger part of the story, I would make up your own brand names or you could ask the winery if you can use their wine names (get it in writing if they say yes) as it would be free promotion for them.

Hey there. How you doing? I am writing a book about the Flying Scotsman stopping a runaway train. I was curious if I can use the Flying Scotsman. It IS owned by the National Railway Museum and operated and maintained by Riley & Son (E) Ltd. There are also other books written about Flying Scotsman. I still had my doubts though as she would be going 110 mph, something she never done IRL. She also will stop a runaway train and also nearly crash into Kings Cross station, both of which she’s never done IRL. Also, she’s the Flying Scotsman, the most famous engine in the world! I think I can still use it. I just want to check in on you about this to make sure. Thank you!😃😅

You would have to do a search to see if it’s been trademarked. I would contact the museum as they would probably know. That being said, since you’re taking creative license with the train’s ability, some reader might have an issue with that. Why not create a new “famous” train and use that? Since it’s fiction, you can make anything “famous”.

Hi there Samantha!

Really helpful and well-written article, I really appreciate you taking the time to write it, and also the ongoing dedication you show to the community by replying to the many comments you get YEARS after the article was written! Why can’t the world have more like you? 🙂

I have a question I want to ask and get your opinion on. I recently stumbled upon someone’s diary and I read it (I’m nosey, I can’t help it). It was FASCINATING, one of the most entertaining things I’ve read in a while. Not only was it interesting ah, but it touched on a lot of things that go on in some people’s minds that I genuinely think would be helpful to society to be exposed to, and realise that some men can behave and think in a certain way, and their justifications for doing so. It touches on a some topics that a lot of women could relate to. Honestly I truly believe it could open some eyes and start some important discussions, and get some well-need dialogues going, and would love to see it out there for a wider audience.

However the issue is that, as I said, it’s someone else’s diary. I understand this is vehemently not allowed, but everything has a work-around, right? Hypothetically speaking, suppose I was to change the names of everyone involved, change details such as his profession and place of habitation, change dates of events etc, add a legal disclaimer on the copyright page saying “this is all fictional and any similarities to real people, places and events is purely coincidental” etc etc, could it potentially be okay to go ahead and publish?

Hypothetically speaking, of course…

With all your changes and the disclaimer, you might be okay. Do you know who the diary belongs to? If it’s a relative, you should have ownership as a descendant. If not, I would reach out to the family if you can – it might take some research to find them. If not, I would consult a literary attorney to be on the safe side.

Hello Samantha, All this info is fantastic and I have read every post here and learned a lot. I am in the UK and I have a question about using real works of art in a historical novel. In my novel, recognisable works of art are made by fictional characters. The characters are mostly composite figures made up of the lives and personalities of more than one artist. I have not used any real names. These are surrealist artists and the works are typically from the 1930s. All of the real-life artists are dead now, and my editor is confident that I have not defamed anyone. My question is whether using the real works of art (and especially not connecting them to single characters who are exact real-life counterparts) could result in any legal challenges from their descendants or owners of their estates. For instance, I have a character who makes works of art by at least two different real-life artists. I am going to include an Author’s Note to explain who created the actual works of art and precisely how my novel has fictionalised them. Do you think I need a lawyer to look this over before I publish? Many thanks if you can help.

You might have issues with their descendants, so I would definitely check with a literary attorney. The other problem you might run into is the confusion for the readers over why you’re taking famous art and attributing it to someone else.

Lots of good information here. I have a short scene in my draft novel where my two characters watch a movie. I mention the name of the film, the names of the film characters in the short scene, describe what’s taking place in my words and quote one short line. Do you think I need permission to do this?

Thanks, Terry

As long as you’re giving full credit to the movie (using title, actors’, and characters’ names, and a limited quote) and not saying anything derogatory about it, there shouldn’t be any problem.

Hi Samantha, Thanks for the info! I am writing my first ever book. It is a fantasy novel about very rare glowing foxes. I had recently done research to check if my idea had already been used, and I found out that during WWII, America had an unsuccessful plot to use glowing foxes against Japan. My story has nothing to do with this, and I found this out after I came up with the story. I’m just wondering if I can stick to my idea.

Thanks again for your help! 🙂

Absolutely! I can’t see any reason why you couldn’t do a story about them. They don’t seem to be trademarked or copyrighted by anyone for fiction, so you shouldn’t have a problem with them, especially since the concept was historic in some respects.

Is it okay to write about movies in a book? For example,”What I learned about Christmas from the movies”. The book would discuss various Christmas movies (Christmas Carol, Christmas with the Kranks, etc…), and lessons to take away from them to use or not use in one’s own life. Would referring to movies, their characters, and lessons be legal?

Okay, this one has me a little stumped lol. I’m going to guess and say this would be a non-fiction book. The titles of movies aren’t copyrighted, although some may be trademarked like Disney films, Marvel and DC characters, etc. The same goes for book titles and song titles – they’re not copyrighted. There are some that are trademarked like Harry Potter, but that’s because it’s named after the character. You can do a Google search to find out if a movie is trademarked and what that includes and doesn’t include. Since your book is non-fiction and referencing the movie, characters, and lessons learned as a critique or evaluation of sorts, I don’t think you’ll have a problem. However, I would still suggest that you consult with a literary attorney. Since your question is pretty straightforward and would only need a short reply, you can probably get the advice for free from someone.

Good luck with the book – it sounds interesting.

Hii The book I’m writing has one character that I want to make a small comment about a country that America hasn’t gotten along with that well by name. It won’t be a huge point in the story, but he is painting them in a bad lighting and accusing them of stuff. I could cut it out of the scene, but I really want to keep it. I just don’t know if it can get me in trouble.

Hi – Countries aren’t copyrighted or trademarked (their flags might be but not the names), so the only issue you may have is insulting someone from that country. Many authors, especially those who write suspense, thrillers, spies, etc., write other countries into their books and use them in a “bad light.”

I want to use the name of an actual mental hospital in the title of the third novel in my series as well as in the novel. 1) nothing happens that would reflect negatively on the hospital 2) it does show the variety (or limited variety in this hospitals case as they primarily treat one condition) of patients housed there 3) there is just a visitation to the hospital to meat a specific patient 4) I see where someone wrote a play and used the name of this hospital and there has been no backlash. The hospital is aware the playwright used their name, because they (the hospital) made humorous comments on it in an article.

As long as the hospital’s name is not trademarked, you shouldn’t have any issues, especially since there is a precedent set with the play.

How would I know if the name of a hospital was “trademarked”??

https://www.uspto.gov/trademarks/search

Thank you for such an informative article. I’d like to know if you can help answer my question, I would be very grateful for your advice. My question is: I have a 3-word book title for a fiction romance to which I’ve researched and don’t see a copyright or trademark being filed, however, there are 2 Youtube channels that have the same name, and one book on Amazon with the same name on Amazon, can I still use this title or best to avoid it?

Book titles and YouTube channel titles can’t be copyrighted. Same with song, movie, and TV show titles. However, they can be trademarked, but most aren’t. If there is no trademark, you can use it. If there is a trademark, read through the filing to see what it covers. If it doesn’t specifically say that it covers book titles (and fiction and non-fiction can be separate), then you can use it.

As for the other book on Amazon, there are thousands of book titles that have multiple listings, some with dozens. Unless it’s a unique title (like Harry Potter or Sherlock Holmes which are named after the character), then you won’t have any issues.

Hey! Absolutely loved this article, it helped a lot! Am I crossing a line if I use real mafia/gang names in my novel. I was thinking it would keep certain feeling of realism.

I would absolutely NOT use any real mafia/gang names. They obviously can’t be copyrighted or trademarked, but I would fear retaliation in anything from being targeted by a negative review campaign, to being hacked, to actual physical harm. I suggest you use fictional names.

Correction – they can be trademarked. Hells Angels is trademarked. But even if it wasn’t, I would still avoid real mafia/gang names. International terrorist groups are a different story. Those are often used in fiction.

Hi!! I’d like to ask (I scrolled all the way through but I don’t know if anyone’s asked it yet…) about if I’d get in trouble for using a real theme park as my setting for a story I’m writing? I could possibly change the names… but the map and rides would still be the same. The story is going to be a psychological thriller, and fully take place at the park. The park itself isn’t the subject, it wouldn’t have anything to do with the villain(s), it would just be the location it all happens in.

Disney World, Disneyland, Great Adventure, Universal Studios, etc. are all trademarked and can get you in trouble if you go beyond saying your characters are going to/went to one of them for the day or on vacation – for example: “We had a great time at Disney World last summer.” I would highly recommend coming up with a fictional name for the park. You can use a real park as a template for the fictional one, but rename the rides and attractions. I forget the name of the book/author, but I read a great book where the author created their own park in Florida because the entire book (suspense/thriller) took place there with an attempted terrorist attack. The big positive of creating your own is that you can design it to suit your needs for the story. I do this with all small/medium-sized towns in my books. That way, you also won’t have readers with intimate knowledge of the real town, park, etc., complaining that you got facts wrong.

Samantha I am writing a book about superheroes, my superheroes… can I mention like if my super hero I created met Spiderman or The Avengers but not stay on subject just write it and move on not writing Spider man jumped off the building and helped me just simple like I remember I teamed up with Spiderman once it was pretty cool. Something like that?

Joel D. Wynkoop

Hi, Joel –

I don’t recommend your characters having any interaction (past or present) with DC or Marvel superheroes (or any other characters that are trademarked). It’s one thing to write that a character watched a Superman movie or that Spiderman is his favorite superhero, but having them (or others) appear as actual characters in your book can get you in trouble with whoever owns the trademark.

I would create a character similar to the person you want to mention, for example, your character talked to Stickyman propped up from the wall then he climbed away. Those kind of sly references are okay.

Samantha. I plan and will write a book to where I have a deadline. * Do I use a pen name. This book is based on true facts about events that occurred to where it was premeditated… threats, burglar left notes, stalk, predator, using elec. devices to that is scary… I can’t go further…it’s bad.. it’s something that you read or see in the ?’s; but, it was real. I’m not gonna use real names, place, the state. Times and dates from notes. Yes I was harassed at house and life was threatened and something else starts with Pill Poi and could have been Mur if didn’t look at vitamins after break in. To sit in courtroom to where fact is fact … a mouse broke the law in #’s ways causing ? trauma and others around.

It’s up to you if you want to use a pen name. Some authors do and some don’t. It’s a personal preference.

Hello again Samantha … To avoid the quote unquote or to be determined in court if do where a name of individual and individuals beyond a shadow of doubt committed wicked reprehensible acts to one. * Positive and Negative of Pen Name. There was eminent threat and then threat, burglary, including destruction of property, invasion of privacy and to get away also using intimidation and other tactics electronically to stalk. There are many names in the DICTIONARY to where there is more than a abundant of names as creatures or insects to where male or female to where? The person/persons act no different than definitions to types of germs, parasites, bacteria. Rather than use a common name which some do and don’t in books. Why not substitute with one the 3 types mentioned that have some up to 300,000 species. I have my reasons for a book and it’s personal and a victim. All I can say my past professors were happy, tired, and just little angry at me when term papers came around. Coffee and entertained up all night on 1 person did this outta 30-40 have to read next . Having the tools upstairs not used is a waist; but, people don’t know they have talent to of which? You don’t know till you say what say and do what you do and use caution when others are involved and legal advice to a degree; however? If there’s no wrong doing by one (victim) Possibly that person has no problem or maybe wants to go to ? Bring attention to that of time, trauma, also the nerve to where crimes committed don’t pay and good conquers evil if in court and in public where others know what has been done. It comes down to trust and consistency of character and of truth of a person with facts. Also criminals don’t wanna see their name in local papers becoming local or national news for a day or two with a previous history.

I’m very confused. What is your question other than should you use a pen name? That’s a personal preference.

Thank you for quick response and you answered my question. I saw a lecture of a professor on tv at a University channel about many books published. It gave me inspiration not to say I thought years back. Some of the books were along the topics of interest. I was looking to contact via email for advice on the website probably his publisher then to find out he died years later back.

Hi! I am writing a book using conversations I wrote using characters from films/books. Will I get into trouble for copyright or trademark or other violations?

Yes. You can’t use someone else’s characters without their expressed written permission. Those characters are either copyrighted, trademarked, or both. The best you can do without permission is mention that your character is a fan of the other – for example, your character loved the Harry Potter series or went to see the latest Spiderman movie. Anything beyond that will get you in trouble.

hi I am trying to come up with names for place in my book but I was wondering if I can make up a place in a city that already exists (New York )can I do that?

For large, well-known cities, such as New York City, many authors, including myself, add streets, businesses, and buildings that don’t exist to suit their needs for the story. The landscapes of cities and towns are constantly changing. Take Las Vegas for example – it’s very common for older casino/hotels to be torn down and replaced with bigger and better ones. So having a fictional casino/hotel isn’t an issue. If you do use an existing place (like Central Park, the Empire State Building, Museum of Natural History, etc.), research it and try to be as accurate as possible for the readers who know it well. For smaller cities and towns, I tend to create my own and design it to suit my needs.

I’m writing a fictional book that includes historical buildings, complete with their names and histories, as well as the families who lived in them. (Some of them still exist.) However, all the conversations in the book are entirely fabricated.

Do you see trouble if the characters lived before 1923?

Authors write about deceased people all the time when they’re part of something historical. Listing your book as fiction should be obvious to most, but you may want to put a disclaimer in your blurb and at the beginning of the book to remind people that it’s fiction. As long as you don’t disparage the real (deceased) people, portraying them in a bad light (i.e. accusing them of murder or something along those lines), then you shouldn’t have a problem. However, for the people still living, you might run into problems by using their names and likenesses without permission. As you said, this is a fictional book and not an unauthorized biography where you’ve researched the facts. Before using any of the deceased (since their relatives are still alive) or living people, I would consult a literary attorney. That being said, is there any reason why you can’t use fictional names?

Hi, thank you for this article. I am not an author yet, but it’s my dream to become one someday. I am currently working on a new story, but I want to make sure I am aloud to do something. I am writing a story based on what would happen if we let the wrong people on our police department, so it is a horror story. But would I be able to do this? I am making up a fake city and fake people, but I just don’t know if what the story is about would be allowed. Thank you so much.

You won’t run into any issues using fake cities/towns and fake people. That’s why they call it fiction. Anything you can dream up can be written as a story.

Hi Samantha! Your advice is so helpful. Am working on a historical fiction story with a historical figure as a key character, seen through the eyes of my lead. Nothing disparaging. Thus figure is used in a lot of different genres also. Any advice?

Hi, Anna. Many real historical figures are represented in fiction. As long as it’s not disparaging, (descendants might have an issue with that), then you should be fine. However, you might want to consult a literary attorney to be certain.

Hi Samantha- I just came across this post and it’s helped me. I do have a quick question regarding lyrics. I tried to click the blog post from Helen Sedwick, but it appears to be broken. I’m writing a fictional novel, and have used a few song lyrics, as well as the beginning and ending lines of “Moby Dick.”

An example of the song lyric would go something like this: “Joe picked up the microphone, looked lovingly into Mary’s eyes and began singing. She cried with joy as she heard, ‘Lady. I’m your knight in shining armor and I love you.'” An example of the text from Moby Dick went: “As we got comfortable on the couch, Steve picked up the book and began to read. ‘Call me Ishmael. Some years ago—never mind how long precisely—having little or no money in my purse, and nothing particular to interest me on shore, I thought I would sail about a little and see the watery part of the world.’ He continued reading to us for about an hour until bedtime.”

Thanks in advance for your reply.

Moby Dick is public domain, so you can quote that without an issue. Song lyrics are copyrighted (unless they’re over 75 years old), and can’t be used word for word. I suggest you say he began to sing one of her favorite songs (insert song title) by (singer). Song titles aren’t copyrighted.

Hi, I’m writing a fictional book that is set on a real historical Hollywood estate. The estate was demolished 30-40 years ago. The property has now been completely rebuilt and is used for corporate purposes (no longer a private residence). I have a disclaimer at the beginning that although the work references real historical people/places/events, it is a work of fiction and space and time have been reconstructed to fit the novel’s narrative. In the book, the estate was never demolished and new fictional characters live there. There are some unsavory things that happen at the estate in the book (violence, drug use) but not by any real persons or at any time where the property really did exist as described in the book – is this ok to write about?

Since the property no longer exists, and it’s a historical site, you shouldn’t have any issues as long as you include the disclaimer.

Hi, I’m writing a fictional romance novel, and I’m wanting to use the town I live in. There’s a coffee shop, a school, and a scenic train station (they take a train ride) that I want to use. My question is am I able to use actual names and describe them? They will all be shown in positive ways. This will also be my first book so I don’t want to mess up before I can even get it out!

You can definitely use their descriptions (again, as long as it’s in a good light if people will be able to figure out what you’re describing). I wouldn’t use their names without permission unless it’s a public place (state or federally-owned park or a well-known destination, for example). This is why I tend to make a fictional name for my small towns, so I can design it to suit my needs for the story. You can use your own hometown as a template, just rename everything. If a reader is familiar with your hometown and notices any discrepancies, they sometimes forget it’s fiction and then leave a review, complaining about what you got wrong. (I’ve seen it happen.) Hence the reason I suggest renaming places.

What about if the story takes place mainly in a big city like LA or NYC?

Those are fine.

Hello, do these things apply to comic books as well? For example, can I have an illustration of one of my characters drinking a Coca Cola, wearing a T-shirt with Vader’s helmet on it, or driving specific cars like a Lamborghini Revuelto?

Yes, it applies to comic books too. And no you can’t recreate copyrighted branding.

If I want to use a real person to meet my main character who doesn’t exist and/or come up with quotes, can I do that? Like say my MC met Beyonce in my book – can I write that actual scene or just say that it happened and that like Beyonce was really nice?

A lot of authors use celebrities in their books. Again, as long as it’s in a positive light, and they aren’t a main plot point, you shouldn’t have an issue. However, I suggestion you consult with a literary attorney just to be safe.

I’m so thankful for your help and willingness to answer questions! I have four: Use of name of a weapon by name? (Glock) The song question I think you answered. I had actually removed the name of the song and instead made a vague reference to a lyric, now am thinking I didn’t have to. Trademark name: Tasmanian Devil. I included it as a joke reference to a character by another character, (Hey, Tas man! (you’re a )Tasmanian Devil) Now it looks like that’s a big NO. It’s a shame, though, it was just a cute joke. Did you know that Warner Brother’s actually also has the name Taz trademarked? And I guess the fourth was about using car makes/models. Any help is appreciated. I am a self-publisher/ebook author

If you’re using brand names as a simple reference, such as, “His weapon of choice was a Glock.” or “He drove his Ford F-150 into the lot.” and it’s not in a negative sense, then you won’t have a problem. Brand names see that as free promotion. The same goes for fictional characters. A simple reference to a movie, the character themselves, or a book won’t be an issue. For example, “His buddies had nicknamed him Tas.” (especially if it’s shortened from his name) or “He was watching Fast & Furious on TV.” As long as you don’t use the actual character as a character in your own book, you’re fine. For the song, you can absolutely use titles in your story, just not lyrics.

Hi, I’m writing a children’s / parent book to help ease the gap of teaching variations (or knowledge) between parents and teachers. It is based on a ‘homework’ theme and introduces new learning concepts in each fictional picture book. Q – thoughts on combining fiction, non-fiction for purpose of entertainment through learning? Q – Am I legally allowed, what sort of permissions do I require to use educational strategies or current learning programs eg: a reading program, to support the educational aspects of the story?

Hi – Fiction and non-fiction are combined all the time. No issues there. Unless a strategy is trademarked or copyrighted (which I doubt most are), there won’t be any issues there either. Most are common knowledge and have been around for decades and centuries.

Hi! If I name an anime/manga/fictional character in my novel briefly, eg. my characters briefly fangirl over a few characters, or trash over a really bad character, is that allowed or nope?

Sorry for the delay. You shouldn’t have a problem with the fangirling of a fictional character, but I would use caution when trashing one.

Great info!

I would like to set the opening scenes of a novel in two real-world locations in NYC.

1. A real cafe where characters have a quick meeting. Nothing of note happens, and nothing disparaging or bad happens. The cafe name is mentioned because it has an interesting similarity to another, unrelated plot point. The cafe is never mentioned again.

2. The Lyceum Theatre in Broadway. NYC’s oldest running theater, so a historic landmark, but likely privately owned? There is a tense scene where a protagonist is shot and killed in the lobby by CIA agents and then a frantic chase ensues through the backstage areas as the others escape. No theater personnel are harmed, and no disparaging portrayals of staff or people. The theater is actually portrayed in a noble and dignified light.

Would this be problematic? Thanks.

Well-known places are often used in fiction without a problem, especially if it’s just a mention that the characters went there. The cafe shouldn’t be a problem, but if you’re near the place, I would let the owners know. They’d probably get a kick out of it. Most people would see it as free publicity. As for the theater, historical landmarks are constantly used in fiction. While Disney would have an issue with you setting something like that for one of their parks in your book, I doubt using the theater would be a problem, based on what you’ve described.

Hi, i have a question: i am writing a book based on true events. May i use the information from the inquest that was held for the person that died and the witnesses that were at it, in my book? The inquest was held back in 1950’s. It is a public record.

As long as it’s public record and you site your sources, it shouldn’t be a problem.

Hi Samantha! I understand from reading the comments above that Song Titles are not copyrighted but the lyrics are. In my book there are scenes about a simpleton who sings songs (Song Title Mentioned), but being a simpleton, he sings completely altered lyrics, just one or two lines. Is that ok? Thank you.

As long as the lyrics are broadly different, there shouldn’t be a problem. Exact or too similar will be an issue.

Copyrighting your Dissertation

In the United States, you automatically own the copyright in your original creative authorship, such as your dissertation, once it is fixed in a tangible form ( i.e. , written down or recorded). United States law does not require you to include a copyright notice on your dissertation or to formally register with the U.S. Copyright Office in order to secure copyright protection over your work. However, there are some benefits to including a copyright notice and registering your work. See the Copyright Guide for more information or to schedule a consultation.

Including a Copyright Page in your Dissertation

Including a copyright page in your dissertation is optional but recommended. For details on how to format the copyright page, consult the PhD Dissertation Formatting Guide and the PhD Dissertation Formatting Checklist .

Dissertations Based on Joint Work

For dissertations based on joint work with other researchers, a unique and separate dissertation must be presented by each degree candidate. You must include a concise account of your unique contribution to the joint work, and remainder of the dissertation must be authored solely by you. Authorship of an entire dissertation by more than one degree candidate is not allowed.

Using Your Own Previously Published Material in Your Dissertation

University of Pennsylvania policy allows you to include your own previously published work or articles submitted for publication as part of the dissertation with the following conditions:

You must obtain approval of the dissertation committee and Graduate Group Chairperson.
You must obtain written permission from the copyright owner, which may be the journal, publisher, and/or any co-authors, unless you are the sole copyright holder (depends on your publishing agreement).
You must upload any permission letters in ETD Administrator as an Administrative Document titled “Permission Letter – Do Not Publish.”
Your dissertation must be formatted as a single document with consistent formatting and styles throughout. If you are using multiple previously published articles, make sure to make the formatting consistent with the rest of the document.

When using previously published or in press work, you must disclose this information in your dissertation in the following format :

Under the Chapter title, list the full citation for the previously published/in-press article in the citation style used in your Bibliography.
If it is a jointly authored article, describe your contribution to the work in a separate sentence.

Using Other Copyrighted Material in Your Dissertation

If you use third party copyrighted material (images, quotations, datasets, figures), you are responsible for re-use of that material (see the Policy on Unauthorized Copying of Copyrighted Media ). In many cases, you may be able to use copyrighted material under the “ fair use ” provision of U.S. copyright law. Consult the PhD Dissertation Formatting Guide and the PhD Dissertation Formatting Checklist for information on how to submit written permission from a copyright holder. Typically, you will need to request a permission letter and upload the letter as an Administrative Document in ETD Administrator .

If you still have questions regarding copyright and “fair use” refer to the Penn Libraries Copyright Guide or email [email protected] for further support.

Patent and Intellectual Property

Any inventions that you make as part of your research for your degree and disclosed as part of your dissertation, and any patent or other intellectual property rights arising therefrom, are governed by the policies of the University of Pennsylvania, including the Patent and Tangible Research Property Policies and Procedures and Policy Relating to Copyrights and Commitment of Effort for Faculty. For more information, please contact the Penn Center for Innovation .

There are strict deadlines under U.S. and international law regarding the timing for filing patent applications and the public availability of your dissertation. Contact the Penn Center for Innovation to discuss whether there might be a patentable invention disclosed in your dissertation prior to deposit of your dissertation.

Frequently Asked Questions

Do i have copyright over my dissertation .

Yes. According to US Copyright law, you have copyright immediately and automatically over any of your new, original works in a “fixed, tangible form” ( i.e. , written down, recorded, etc.). You do not need to register or to include a copyright symbol © or any other formal marks to secure your copyright, though there are some benefits to doing so. See the Copyright Guide for more information or email [email protected] for further support.

Should I register the copyright in my dissertation with the U.S. Copyright Office?

It depends on what you want to do with your dissertation. There are some benefits to registering the copyright in your dissertation depending on your future goals. However, keep in mind that you automatically have copyright over your dissertation without formally registering. To learn more about formally registering the copyright in your dissertation, see the Copyright Guide or schedule a consultation.

Should I pay ProQuest to register my copyright?

Note that you already have copyright over your dissertation, but if you would like to formally register your copyright with the U.S. Copyright Office , you can pay ProQuest to do it for you (you will have the option in ETD Administrator). For less cost, you can register it yourself on the copyright.gov web page. Information on registering your copyright is available in the Copyright Guide . Please keep in mind that if portions of your dissertation are comprised of previously published co-authored material, you cannot register your copyright through ProQuest.

What is a Creative Commons license?

A copyright license grants permission for someone else to use your copyrighted work. A Creative Commons license is one type of copyright license. It works hand in hand with your copyright. It is not an independent type of copyright. By using a Creative Commons license you are telling the world under what circumstances they are able to use your work without asking your permission each and every time. You can only add a Creative Commons license to your work if you are the copyright holder, and have not transferred your rights to someone else (like a publisher).

You may choose to apply a Creative Commons license to your dissertation by adding it to the copyright notice page; see the PhD Dissertation Formatting Guide for an example. V isit the Creative Commons website to review all the licenses in full detail and select one that fits your needs.

Refer to the Services for Authors Guide or schedule a consultation to learn more about using a Creative Commons license on your dissertation.

I want to use copyrighted materials in my dissertation. Is that okay?

It depends. If the materials you wish to incorporate into your dissertation are copyrighted, you will need to do a fair use analysis for each item you use to determine if you can proceed without getting permission. If you do not feel that you can make a good “fair use” case, you will need to request permission from the copyright holder and provide all permission letters as Administrative Documents in ETD Administrator. Just because you are using the work for educational purposes does not automatically mean that your work is “fair use” or that you have permission to use the work. Request a consultation to learn more about fair use and other copyright considerations.

I want to use my own previously published materials in my dissertation. Is that okay?

It depends. If the materials you may wish to incorporate into your dissertation are published in a journal or other publication, you may need to seek permission from the journal, publisher, or any co-authors. These permission letters must be uploaded as supplementary material in ETD Administrator before the deposit date. Please refer to your publication agreement for further information.

Additionally, using previously published materials as part of your dissertation requires approval of the dissertation committee and Graduate Group Chairperson.

I would like to know more about publishing, copyright, open access, and other/related issues. How can I find out more?

The Penn Libraries offers a range of workshops and presentations on these topics (and other digital skills related topics) throughout the year . Groups can request a number of these workshops for classes or other group settings. For personal discussions about copyright, fair use, Creative Commons, scholarly publishing, and other related topics, please contact your subject librarian for support and further referrals. For more general information about these and related topics, review the Penn Libraries’ guides by keyword or subject.

What you can and cannot copyright

Copyright is just one form of protecting intellectual property. Patents and trademarks also offer protection for different types of intellectual property. Copyright only applies to qualifying works of original authorship. Here are some examples of things that copyright protection does not apply to.

Can I copyright a business name?

The name of your business is not a work of authorship and cannot be protected by copyright.

Can I copyright a song or book title?

Like a business name, a title cannot be protected by copyright. Whether for a song, movie or book, titles are not eligible for copyright protection.

Can I copyright a t-shirt design?

A design may be eligible for protection if it includes work of original authorship. If the design is primarily just text or a short phrase then the design will not be eligible for copyright protection. For more information, see our page on logo copyrights .

Can I copyright an idea for a script (or novel, or film)?

Copyright applies to works of original authorship in tangible form. If all you have is a general idea then no, copyright protection won’t apply. If you type up your idea into an outline you can copyright the outline. You cannot, however, protect the rights to the final work (the one you have the idea for) until you affix that work in tangible form, by writing the script or novel or by creating the film.

Can I copyright my logo?

Some logos qualify for copyright protection, while others do not. The difference is whether or not the logo contains a substantial element of original authorship, and is not simply an arrangement of letters. For more information on copyrighting logos, including examples, see our logo copyright test .

Can I copyright a website?

A website can be made up of many different things. Many components of a website do qualify for copyright protection, but some do not.

Website design.

Yes, you can copyright the design of the website as long as it is a work of original authorship. Copyright registration for a website’s design is similar to copyright registration for any other visual arts piece.

Website content.

Yes, you can copyright the content of the website as long as it is a work of original authorship and not content taken from another source. If you maintain a blog, for example, you can copyright your content regularly to ensure your work is protected. Note that in order to copyright the design and the content of a website you will have to file two separate copyright registrations.

Website code.

Some websites are powered by unique software. Software programs are eligible for copyright protection. If you have written a program for a website you are able to copyright that program. Typically you cannot copyright basic code (HTML, CSS) for a website.

Website business model.

A business model for a website probably is not eligible for copyright protection. If you have invented a new business model or system, it may be eligible for patent protection and you should contact a patent attorney.

Template sites.

If your website is based on a design template, uses little original content and does not have a unique and original software element then you may not want to try and copyright your website. If you use the template to set up a blog, the content of the site would be eligible for copyright protection.

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University of Michigan Library
Research Guides

Copyright for Dissertations

Using Others' Content
Copyright in Your Dissertation
Publishing Your Dissertation

Copyright Questions?

The University of Michigan Library Copyright Office provides help with copyright questions for University of Michigan faculty, staff and students. Please email us with questions or visit our website for more information.

Legal Advice

The information presented here is intended for informational purposes and should not be construed as legal advice. If you have specific legal questions pertaining to the University of Michigan, please contact the Office of the General Counsel .

If you require legal advice in your personal capacity, the lawyer referral services operated by the Washtenaw County Bar Association and the State Bar of Michigan may be helpful to you.

Using Third-Party Materials in Your Dissertation

If you use materials (such as text, images, sound recordings, etc.) created by a third party in your dissertation, you need to consider whether copyright law allows your use of those materials. In some cases, even reusing your own published articles can raise copyright concerns, if you have transferred your copyright to someone else, like your publisher. Even when copyright permits your use of a work, contract law may prevent it. When you agree to terms of use in order to gain access to a copy of a work (such as a letter in an archive or a newspaper article in an online database), those terms also control what you can do with the work.

You can proceed without copyright permission if you are using something that is not copyrightable or is in the public domain . You also don't need permission if you are using it in a way that does not implicate one of the rights of copyright holders or is permitted by a user’s right , such as fair use. If none of these circumstances applies, you need a license to use the work. In some cases, an existing license may cover your use. In others, you will need to get a new license from the copyright holder. For more information on these subjects, please see our Copyright Basics and Obtaining Copyright Permissions guides.

In addition to the copyright issues, it is also vital to follow attribution norms within your discipline. For more information about the distinction between plagiarism and copyright infringement, see below.

Contracts at Libraries, Archives, and Museums

Some institutions require you to sign an agreement before accessing their collections. That agreement may limit your ability to use their materials. These agreements are valid even when the materials are in the public domain or using the materials would qualify as fair use. For instance, if you agree to get permission from the institution before publishing any images of items from its collection, you are bound by that agreement.

To avoid trouble on this issue,

Ask up front what the terms are and whether you can use the materials in your dissertation;
Carefully read the terms of any agreements you sign; and
Keep a copy of the terms, noting the materials to which they apply.

Fair Use in Dissertations

Fair use allows certain uses of copyrighted material without permission from the copyright holder. There are four factors to consider when determining whether your use is a fair one. You must consider all the factors, but not all the factors have to favor fair use for the use to be fair. The outline below explains how the fair use factors and their subfactors apply to using third-party material in a University of Michigan dissertation.

First Factor: "The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes"

Uses that fall under one of the favored purposes listed in the fair use statute (17 U.S.C. § 107) or have a nonprofit educational purpose will weigh in favor of fair use. Favored purposes include scholarship, research, criticism, and comment. Since uses in dissertations often have these purposes, this subfactor favors fair use.

Uses that are commercial weigh against fair use. Most uses in dissertations are not for commercial purposes, but that may change if you publish your dissertation with ProQuest or another commercial entity.

Uses that are transformative weigh in favor of fair use. A use is transformative when the use adds new meaning or message to the original work, giving it a new purpose. For example, imagine you are writing your dissertation about the impacts of advertising directed to children. You include a toy advertisement and analyze how it reached a child audience. The original purpose of the advertisement was to increase demand for the toy, while your purpose is for scholarship and critique, making your use transformative. Quoting another scholar's analysis of the advertisement would not necessarily be transformative, though it is still often fair use.

Second Factor: "The nature of the copyrighted work"

If the work used is creative, that will weigh against fair use. If the work used is factual, that will weigh in favor of fair use. The outcome of this subfactor varies depending on the work used.

If the work used is unpublished, that will weigh against fair use. However, the fair use statute explicitly states that the unpublished nature of a work will not bar fair use if the use is otherwise fair. The outcome of this subfactor varies depending on the work used.

Third Factor: "The amount and substantiality of the portion used in relation to the copyrighted work as a whole"

Using all or much of the original work will weigh against fair use. The outcome of this subfactor varies depending on the use.

Using the most important part of the original work (the "heart") will weigh against fair use, even if it is only a small amount of the work. The outcome of this subfactor varies depending on the use.

The third factor is neutralized if the amount used is necessary for a transformative purpose, even if the entire original work is used. For instance, the third factor would be neutralized in the use of the toy advertisement described above — all of the advertisement has to be used in order to achieve the transformative use.

Fourth Factor: "The effect of the use upon the potential market for or value of the copyrighted work"

Uses that decrease demand for the original work by providing a substitute will weigh against fair use. In many cases, using a work in your dissertation will not provide a substitute for the original work, but the outcome of this subfactor can vary depending on the use.

Uses that decrease demand for the original work by criticizing it (as with a negative film review) have no impact on the fourth factor.

If the licensing market for the use you are making is "traditional, reasonable, or likely to develop," that will weigh against fair use.

Resources on Fair Use

Fair Use Checklist This checklist from the Columbia Copyright Advisory Office helps users consider the factors and subfactors of the fair use analysis.
Codes of Best Practices in Fair Use These codes document the shared best practices of communities that rely on fair use, including fair use for online video, fair use of images for teaching, research, and study, fair use for OpenCourseWare, fair use for documentary filmmakers, fair use for the visual arts, and fair use for academic and research libraries.
Summaries of Fair Use Cases This set of case summaries from Stanford is a good resource for learning about fair use law.
US Copyright Office Fair Use Index This index of fair use cases is searchable by media format, case outcome, jurisdiction, and date. It is helpful for learning about legal precedents and judicial interpretation of the fair use doctrine.
Fair Use for Nonfiction Authors This guide, published by the Authors Alliance, explains when fair use applies to the use of sources in nonfiction works such as scholarly articles. It has been endorsed by the American Council of Learned Societies and the Association for Information Science and Technology.

Using Material Under an Existing License

A Creative Commons license makes it easy for you to know how you can use a work. Images licensed under Creative Commons licenses can be particularly useful if you need a generic rather than specific image. Because the rights holder has already given everyone permission to use the image under the terms of the license, you do not need to evaluate fair use or seek permission in order to use it.

When you use a work licensed under one of the Creative Commons licenses, you need to comply with the license requirements (unless your use is otherwise permitted, e.g., by fair use). All Creative Commons licenses require attribution. Using the work without giving attribution means you do not meet the legal conditions of the license. However, the licenses are deliberately flexible about the requirements for that attribution. The Best Practices for Attribution are outlined on the Creative Commons wiki. Our guide to Creative Commons licenses has more information on this topic.

Creative Commons Resources

When works are marked with code generated by the Creative Commons License Chooser , that mark is machine readable. A number of search tools allow users to limit their search by license.

CC Search CC Search enables users to search across multiple platforms for content licensed under one of the Creative Commons licenses.
Google: Find Free-to-Use Images This page explains how to use Google's search engines to find images, text, and videos that are licensed under Creative Commons licenses.

Copyright Infringement vs. Plagiarism

Copyright infringement and plagiarism are related but distinct concepts. Plagiarism is using the work of another without attribution. Copyright infringement is any reproduction, distribution, modification, performance, or display of a copyrighted work without the permission of the rights holder that does not fall under fair use or another user's right.

It is possible to plagiarize even when you have cleared permission for all the copyrighted works. Similarly, it is possible to infringe copyright even when you have given careful attribution. In addition to resolving the copyright issues, you must follow attribution norms within your discipline in order to avoid plagiarizing others' work.

U.S. copyright law does not require citation in a particular form. However, following academic citation norms can help improve your fair use analysis. Check with your dissertation advisor for help figuring out what citation style you should use in your dissertation.

The Rackham Dissertation Handbook (PDF) says sources that must be cited include, but are not limited to:

language or wording either taken directly or paraphrased from another source, whether published or not; concepts, interpretations, techniques, methods, test instruments or procedures borrowed or adapted from another work, whether published or not; charts, graphs or figures borrowed or adapted from another source, whether published or not; photographs, films, recordings, digital material or other images from another source; and data, surveys or results of any kind from any other inquiry or investigation.

The Sweetland Center for Writing provides a number of resources on plagiarism and how to avoid it, including Beyond Plagiarism: Best Practices for the Responsible Use of Sources .

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Has anyone dealt with copyright or trademark claims over the titles or subjects of your books?

I'm working on my first draft right now and a big part of the book is the title, which I honestly think is a terrific hook which will generate interest. I already have plans to expand into an ongoing series using this title. I googled it last night and of course there are already a few examples of this title out there. However, none of them are competing books or anything like that. There is a relatively unknown European techno band which released an album with this as the title, a tabletop RPG from a few years ago, and there was an event at a museum not long ago using similar wording. Nothing major.

Do I run any real risk of a cease and desist order if I self publish something with a similar name to any of these? I'm honestly not terribly worried about it, I just don't want to get moving in my series only to run into problems after the fact, if the first book gets any traction.

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IMAGES

How To Write Dissertation Title Page in 2024
How to Write a Dissertation Title? Tips & Examples Included!
How to Create a Title Page for your Dissertation
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What are the different types of dissertations in UK universities
The Dissertation Title Page

COMMENTS

Distinguishing Trademarks from Copyrights: A Q&A for Authors
The United States Patent and Trademark Office ("USPTO"), the federal agency responsible for the registration of federal trademarks in the U.S., has adopted the view that the title of a book cannot be registered as a trademark, but the title of a collection or series can.
Can You Copyright a Title?
So no, you can't copyright a title to a book, song, or movie. But you can trademark a title, which may give you the protection you seek. The U.S. Patent and Trademark Office states that a trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.
What Writers Should Know about Copyright
As a copyright owner, you have the right to make, sell, or otherwise distribute copies; adapt the work; and publicly recite or display your work. Second, you should know that copyright protection exists from the moment an original work is "fixed" in a tangible medium. For writers, fixation occurs when your ideas are written down on paper or ...
Can a Book Title be Copyrighted?
Book titles are among the list of things that can't be copyrighted. Titles aren't considered intellectual property but are only "short phrases," which are not eligible to be copyrighted.
Are book titles subject to copyright protection?
Books that are part of an ongoing series sometimes receive trademark protection. For example, ' Chicken Soup for the [blank]' is a registered trademark, as is ' [blank] for Dummies'. Perhaps the most famous example of trademarked book titles are those in the Harry Potter series.
What's Not Protected: Copyright for Fiction Authors
It is a basic tenet of copyright law that some things are simply outside of copyright protection. These are often referred to as uncopyrightable subject matter. There are a few a bright line rules in the United States⁠—for example, that titles of literary works, slogans, and lists of ingredients cannot be copyrighted⁠—but outside of these principles, things become a bit more complicated.
publishing
1. While a title cannot be copyrighted, an author might choose a title for her work that infringes on a registered trademark. Different rules apply to trademarks, but that doesn't make their use as a title legal. Share. Improve this answer.
Can You Copyright or Trademark Book Titles?
Although you cannot copyright a title, you may be able to trademark your title. However, there's a caveat. Single titles are generally not eligible for trademarks. Trademarks function as identifiers of goods and services, and consumers may have trouble identifying you as the author of the title, especially if there are many books that share your title. Think of it this way. If a bookstore ...
P-18: Names, titles, phrases and copyright :: Copyright Witness
The short answer is to simply say that names, titles, short phrases, (and also colours), are not considered unique or substantial enough to be awarded copyright protection in their own right, but as this is such a common question, it is perhaps worth explaining the logic behind this. Understanding why copyright cannot apply to names and titles.
Help: Titles
This is the title of the specific work you want to register. It is the main title by which the work is known. The work to be registered could be one work, a collection of works (such as an album or anthology), or an individual contribution appearing in a larger work (such as one song from an album or one short story from an anthology). Examples.
Copyright in Academic Research and Publication
Your rights in the copyrighted works you are creating, such as dissertations, scholarly articles, and books The rights of other authors or creators in the copyrighted works you are using.
Guides @ UF: Copyright on Campus: Theses & Dissertations
Articles, books, theses and dissertations are said to be "open access" when they are "digital, online, free of charge, and free of most copyright and licensing restrictions." By making publications open access, the widest sharing of ideas and research results is made possible, which is generally done either by publishing in open access journals ...
Copyright for Graduate Students: Theses and Dissertations
A work created today (or, more specifically, after 1989) is protected under copyright as soon as it's created and is (generally) protected for the lifetime of the creator, plus 70 years (could be even longer for some works). There is no special symbol (such as the copyright symbol) necessary on the protected work since 1989--it is protected simply because someone created it and wrote it down ...
Are Titles of Books Copyright?
tect the copyrighted literary composition, for courts to se-cure the title from piracy, as well as the other pro-ductions of the mind of the author in the book. The right secured by the act, however, is the property in the literary com-position, the product of the mind and genius of the author, and not in the name or title given to it. . . . It is a mere appen-dage, which 6nly identifies, and ...
What is the Copyright Law for the Same Title?
The answer is yes; they can. However, copyright laws impose restrictions on the use of identical titles for copyrighted works. This means that if two books share the same title, the authors, or publishers must ensure that there is no confusion between the two. To avoid legal disputes or confusion, authors should strive for unique and memorable ...
Copyright Guidance: Copyright for Authors & Creators
Information for authors and users of copyrighted works. Guidance on copyright issues for authors and creators of copyrighted works.
What You Can and Can't Legally Use In Your Fiction Book
Often, I come across questions about copyrighted material, trademarks, and whether or not certain things can be used in fiction. Here's a common list of items I see authors asking about. Towns/City Names: You can use the names of real towns and cities without any problems. I tend to use real large cities and make...
Dissertation Copyright
When using previously published or in press work, you must disclose this information in your dissertation in the following format: Under the Chapter title, list the full citation for the previously published/in-press article in the citation style used in your Bibliography.
What you can and cannot copyright
Like a business name, a title cannot be protected by copyright. Whether for a song, movie or book, titles are not eligible for copyright protection.
PDF Copyright and Your Dissertation or Thesis
future journal articles or books will be. You may be better off acquiring permission to use the work in question from the start, or to figure out how not to use material of questionable opyright in your dissertation or thesis. The table below shows general guidelines for determining whether the age, authorship, and status of a work means that
Research Guides: Copyright for Dissertations: Using Others' Content
Provides answers to common copyright questions that come up when working on a dissertation, including using others' content and publishing. This page explains the issues involved in using works whose copyrights are held by someone else.
PDF Circular 33 Works Not Protected by Copyright
Names, Titles, Short Phrases Words and short phrases, such as names, titles, and slogans, are uncopyrightable because they contain an insufficient amount of authorship. The Office will not register individual words or brief combina-tions of words, even if the word or short phrase is novel, distinctive, or lends itself to a play on words.
Has anyone dealt with copyright or trademark claims over the titles or
Titles cannot be trademarked, just like human names. You could release a book which shares a name with another without issue, but the content is very trademarked and copyrighted.

Can a Book Title be Copyrighted?

Copyright vs. Trademark

Book Titles Typically Can't Be Copyrighted

Another Example: Garden of Beasts

Other Things You Cannot Copyright

An Alternative: Trademarking a Book Title

Before You Copyright or Trademark, Do a Search

Are book titles subject to copyright protection?

There are always exceptions to the rule

What should you do if you want your title to be unique?

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