Lawsuits ove titles?

[fcbkid15]

Hey, I typed in the name of the story I'm writing, The King's Assassin, and a few books of the same name came up. I have never heard of these books before, and I read a summary of them. They seemed nothing like the story I'm writing, but I was wondering, for publishing purposes, can you be sued for this? If my novel has the same name as another persons, but isn't very similar story wise, can I get sued by the other author?

 

[Sevvie]

I wouldn't imagine so, but I don't know, really. Considering what you said "and a few books of the same name came up" it doesn't seem to be the trend to create lawsuits over that title in particular

However I myself would really like the proper answer to this, because one of the names I'm thinking of for a story of mine shares its title with a book already published (Though they are different genres).

 

[Map the Dragon]

There are countless books with the same or similar titles. Look up Twilight, or a thousand other titles for that matter. For the most part, titles CANNOT be copyrighted. Exceptions would include character creation inclusion like "Harry Potter and...." and things of this nature.

Examples from Mythic Scribes published authors:

*Dreamworld - a handful of books with this title on Amazon
*Firesoul - two books with identical tile on Amazon
*Flank Hawk - unique title, but not protected. Anyone could name a book this same thing.

 

[BeigePalladin]

the title of a book is never copywrited or protected, since it's a title

you could, technically, call your book 'The fellowship of the ring' - every classic fantasy fan in the world would try to kill you, but it'd be legal

 

[Kelise]

You won't be sued, but your publisher may heavily suggest you change the title... or basically be unwilling to publish it unless you change the title. A few authors - Scott Lynch and Patrick Rothfuss as the first names off the top of my head - both changed the titles of their series/novels at such request, and were happier for it.

Doesn't mean you have to, of course. It's just a lot more likely than getting sued - which wouldn't happen, especially over something generic.

 

[sashamerideth]

There is also the matter of trade dress of which threw name can bea part of. On my phone so can't easily find links.