Expert Advice When You Need It Most

Naming a game after a classic book

I am writing a computer game and plan to title it after a classic novel from the 50's - Would this by copyright infringement or is it OK as they are different mediums? The gameplay is inspired by the book but is a puzzle, not a narrative.

Save

Attorney answers (4)

Reputation Level 18
I think Steven is quite right.

Book titles are most certainly not protected by copyright. Because no copyright attaches to a lone book title, the author does not have the exclusive right to use that title for books (many books share the same title) or to name anything else (such as another type of copyrightable work such as a computer game). With no primary right the author simply has no "derivative" right to infringe.

A SERIES of books sharing a substantially similar title (the "XYZ For Dummies" books for example) can justify a trademark right, however, in the common element of those titles. That common element becomes a trademark that brands that series of books and it can be enforced like any other trademark. This situation does not seem to apply, though, in your case.

If, however, the "classic novel" is very well-known and the author is very closely associated with the book, then the author may assert (under the federal Lanham Act) that you are falsely associating him (or her) with your computer game. You can read about an analogous situation involving a musician here: : http://bit.ly/lZDNc (p.10-14). You need to speak with an intellectual property attorney to evaluate this possibility.
1 person marked this answer as good

Reputation Level 20
Only a copyright rightsholder has the exclusive right to make derivative works from their original creation, and derivatrive works are often in different media than the original, such as a film made form a book. Since the book's author is the owner of those rights, your game, named after and inspired by the book, is copyright infringment.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Avvo Pro

Reputation Level 20
It's copyright infringement only if the copyright holder still holds the right. This can depend on when the book was written as the US has substantially extended the length of copyright protection. If you based your game on a dead author's book where no heirs exist you wouldn't have a problem.
1 person marked this answer as good

Reputation Level 10
Copyright does not cover short phrases such as a book title http://www.copyright.gov/help/faq/faq-protect.html I can't fathom how a puzzle inspired by a novel would be copyright infringement, but I guess it could happen. It is probably best to at least get an opinion letter from a copyright attorney before you try to commercialize the game.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now