novel titles and copyright

[Starkers]

This is specific to the UK market, thought I'd mention that up front.

Not sure if anyone can help me, but I know there are a few published authors and people in the publishing inductry who post here so figured I'd chance it...

I wrote my first novel a couple of years ago, to date I've never been able to get it published (despite most people who've read it liking it-not that that's the point here ) anyway I've decided to self publish via Lulu...

But before I do something occured to me the other day. The book is titled City of Caves because it's set in Nottingham (a very old name for which loosly translates as place of caves/cavy place something like that) and I think it sounds cool.

The problem is, there is a tourist attraction in Nottinham called City of Caves. So my query is, could they complain/sue if I call my novel that? My gut says no, since their name isn't original to them they took it from the original name, but I appreciate that copyright law doesn't always work like that.

Probably it isn't a major issue as I'll only sell a handful of books, but just in case it does sell more I thought I'd better be prepared in case I need to come up with a new title before I waste time and money advertising it as City of Caves

 

[RJDiogenes]

I don't believe it's possible to Copyright a title, although it is possible to use a Trademark as a title (e.g. Star Trek). If "City Of Caves" is an old term used to describe a city, then there should be no problem.

 

[captcalhoun]

doubt it.

 

[Asbo Zaprudder]

I think you're safe with "City of Caves" even though there is already a book with a similar title:

http://www.amazon.co.uk/Nottingham-...=sr_1_3?ie=UTF8&s=books&qid=1239788437&sr=1-3

I'd suggest contacting the management at the tourist attraction directly to see if they have any objection, although I doubt that there's anything they could do even if they did.

http://www.cityofcaves.com/index.asp?getpage=true&sid=36

Their website doesn't appear to claim the name as a trademark.
You could offer to add a pointer to their website in any acknowledgments -- free publicity for them.

ETA: Alternatively, you could call it "The city where King Snot the Saxon's people used to live".

 

[cultcross]

Quick answer is no: A trademark (rather than copyright) violation occurs only if it can be shown that one product or service is using the known name of another to imply a connection or suggest similarity.
For example, calling your business "The Rolls Royce of plumbers" is a trademark violation.
But Fairey Aviation does not infringe on the trademark of Fairy Liquid.
It's all about context. It's unlikely that any court would hold your book was trying to use or besmirch the good name of the tourist attraction, so you're in the clear. Particularly true if the term is generic - i.e., Nottingham the City of Caves is not really 'trademarkable' any more than Stratford Upon Avon's 'Welcome to Shakespeare's County'.

 

[HappyDayRiot]

Copyright won't be an issue as copyright doesn't arise for a title. And cultcross is probably right to say trademarks won't be an issue either due to the requirement of same/similar products (and also because a quick search of th Intellectual Property Office website shows there are no registered trademarks in force for 'city of caves').

 

[TGTheodore]

Were you to write a book with a title such as Gone With the Wind, Moby Dick, Crime and Punishment, etc ... there might be a problem somewhere down the line, but there doesn't seem in your case to be any major obstacles.

--Ted

 

[Australis]

There are at leat two novels I know of with the name 'Nemesis', one an Agatha Christie, t'other a 'comet-of-doom' novel from a few years ago. Titles shouldn't be an issue.

 

[cultcross]

A search of Amazon books for "The Enemy Within" produces over 200 books with that title or something very similar.

You'll be fine

 

[Starkers]

Thanks everyone, I really appreciate the advice!