Everyone,

I received an interesting question from one of my authors who wanted to know the “law’” regarding using Street Names in a title.

Question:

“I’ve had a slightly disturbing thought about my title  Magnolia Drive. There’s a couple in Waco, Texas, Chip and Joanna Gaines, who owns a business called “Magnolia Home.” They renovate fixer-upper houses, own a home furnishings company called Magnolia,  a magazine called Magnolia,  and now their TV network  Magnolia Network. My concern is if they own some kind of copyright on “Magnolia.” Could I be sued for using this?

I really did grow up on the street called Magnolia Drive,  but I wonder if I should change it?”

Answer:

Even if the Gaines had “Magnolia Drive” as part of their trademark, you are free to use it in your book title since it is an actual street name.

Town and City Names

“Public things are available for free use. City names, streets, airport names, trains, etc… all can be part of a fiction novel.” — Avvo.com

Brands, Company Names, Songs, Movies, TV, Other Books

You are free to use another’s trademark/brand descriptively in text to refer to that mark holder. This is called “nominative fair use,” and the classic example is using the terms “Coke” or “Pepsi” on a menu as opposed to “cola flavored carbonated beverage.” You just have to make certain that you are not presenting a false association, sponsorship, endorsement or other affiliation with any given trademark owner. (Lantern Legal)

You can also mention the titles of  songs, albums, movies, TV shows, and other books in your work.

Lyrics

Using song lyrics is a very slippery slope. Of course, you have the right to mention the song (title), but adding the lyrics to your work could get you into a lot of legal hot water.

Most song lyrics are copyrighted and usually have two copyrights: one to the artist who wrote the lyrics and the other to the recording company. While some songs are considered “fair use,”  most require permission for legal use in your fiction.

“Song lyrics are copyrighted, which means you need permission to use them. According to our legal expert Amy Cook, there isn’t any specific law about how much you can take under fair use, but it’s common for the music industry to say you need permission for even one line of a song.” (Can I Use Song Lyrics in my Manuscript? WritersDigest.com)

Trademarks

Much like names, slogans, and ideas, titles are not protected by U.S. copyright laws (which is why so many books have the same titles)

“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.” (Are Book Titles Subject to Copyright Protection? —Wang Intellectual Property)

The law is clear that you cannot trademark individual book titles, but you CAN trademark a title for a series of books since it serves the role of a brand.

Recommended Reading

U.S. Copyright Office Fair Use Index  — Copyright.gov

How to Use Lyrics Without Paying a Fortune or a Lawyer  — The Book Designer

Tricks and Traps of Using Real People’s Names in Your Writing  — The Book Designer

Can I use Song Lyrics in my Manuscript?  — Writers Digest

Can I use Real Street Names and a City in a Fiction Book? — Avvo.com

Are Book Titles Subject to Copyright Protection?  —Wang Intellectual Property

What is Nominative Fair Use and Can I use Another’s Trademark?  — Lantern Legal

 

Enjoy the day,

Suz

 

DISCLAIMER: the above blog post is for informational purposes only and is not considered legal advice on any subject matter.