Re: Copyrighting FAQ titles

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Terry Carroll (carroll@tjc.com)
Thu, 19 Dec 1996 18:57:54 -0800 (PST)


On Thu, 19 Dec 1996, Mama Lani wrote:

> The problem is, he put a copyright notice on the title of the
> document--both "Walt Disney World FAQ" and "WDW FAQ." We have some folks
> who want to provide a WDW guide, but can't use the above terms because of
> the copyright.

I quote:

MATERIAL NOT SUBJECT TO COPYRIGHT.

The folowing are examples of works not subject to copyright and
applications for registration of such works cannot be entertained:

(a) Words and short phrases such as names, titles, and slogans . . .

Copyright Office regulation no. 202.1 (37. C.F.R. 202.1)

See also Copyright Office circular no. 34, entitled "NAMES, TITLES, SHORT
PHRASES NOT COPYRIGHTABLE," online at the Copyright Office web site at
http://lcweb.loc.gov/copyright/circs/circ34
(http://lcweb.loc.gov/copyright for the home page).

In short, the presence of a copyright notice for the document does not
protect the title. A title may be protected by trademark under certain
conditions, but absent that, you should feel free to create your own work
with a similar title (I wouldn't use the exact same one, just to avoid
confusion).

I'm afraid I'm going to be unplugged for the next week or so as I
endure^h^h^h^hjoy a visit with my family, so I won't be able to provide
any more clarification.

Terry Carroll
sometime maintainer of the Copyright FAQ
http://www.aimnet.com/~carroll/copyright/faq-home.html

--
Terry Carroll       | "In a professional sports league game played in the
Santa Clara, CA     | United States, the head referee ... shall ... in the
carroll@tjc.com     | event of conflicting calls, review instant replay to
Modell delenda est  | determine the correct call." - House Bill H.R. 3096


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