Caveat: I’m not a lawyer or a legal expert in the U.S. or Canada. I researched the sources at the end, and others, after a client asked if it was worth registering her book with the U.S. Copyright Office.

If anything here is incorrect, please let me know.

One way you CAN protect your title is to purchase one or more domains. If this is something you want to pursue, give me a call and I can help you through the process of owning and using your own domain.

Exactly what does registered copyright protect?

Copyright protection lets you to take legal action against anyone who copies, distributes, displays, or creates derivative works from your book without permission such as translating it into another language. Courts take copyright infringement seriously, and statutory damages can be substantial if you prevail in a lawsuit.

Courts look at whether the alleged infringer’s work is “substantially similar” to yours. A few word change may not be enough to avoid infringement if the overall work is still very similar to yours. So, if someone makes minor changes to your work but the core content is the same, that CAN still be considered infringement.

The copyright on your book protects the original text, creative expression, characters, illustrations, and organization of your work. It will NOT protect you if the thief uses AI to rephrase your paragraphs! It also doesn’t protect the title, ideas, or factual content.

What part of a book can be copyrighted?

The Text

The exact words, chapters, sentences, and overall structure of your book are protected. This includes specific dialogue and distinctive characters you create, though general character types aren’t protected.

Organization and Structure

The way you organize your book, including the sequence of chapters or sections, is protected if it’s original. Creative chapter titles and section headings are also protected.

Original illustrations and artwork

Any original illustrations, drawings, or other artwork in your book are protected. If you hired someone to create them, the artist might own the copyright unless you’ve signed a work-for-hire agreement.

Unique formatting and typography

If your book has a unique layout or typography that’s creative, it can be protected. Standard formatting, like common margins or fonts, isn’t protected.

Appendices, footnotes, and bibliographies

Any original commentary, footnotes, or appendices you add are protected. The way you select and arrange factual information in these sections can also be protected if it’s original.

Surprising parts of a book that are NOT copyrighted

Ideas, facts, and concepts

Copyright protects the expression of an idea, not the idea itself. For example, if your book is about a time travelling doctor, the concept isn’t protected, but your unique combination of words describing time travel ARE protected. Facts, like dates or historical events, can’t be copyrighted.

Titles and taglines

Titles, taglines, slogans, or common expressions aren’t protected by copyright. However, they might be eligible for trademark protection IF they’re distinctive enough. If you want exclusive rights to a title, especially for a series or brand, consider trademark registration.

Public Domain material

Content in the public domain (e.g., works published before 1924 in the U.S.) isn’t copyrighted, though your NEW commentary or arrangement of it, might be. Common knowledge, like widely known facts or lists, isn’t protected.

Improving on the original

You don’t like how a book ended. They missed a key piece of evidence. Minor edits usually don’t nullify copyright protection. The key issue is whether the overall work remains “substantially similar” to the original.

Derivative works

If someone wants to create a derivative work, like a translation or adaptation, they need the author’s permission. If you are writing “fan fiction”,  you need the original author’s permission.

How to check if a book title has been registered already

• Search Online: Use platforms like Amazon, Google, or Goodreads to see if the title is already in use.
• Check the U.S. Copyright Office Database: While titles aren’t protected by copyright, it’s useful to see if similar works exist. The U.S. Copyright Office allows you to search their records.
• Trademark Search: If your title is distinctive and you’re considering trademarking it, you can search the U.S. Patent and Trademark Office (USPTO) database to see if it’s already registered as a trademark.

Sources of Information

U.S. Copyright Law:

• Title 17 of the United States Code: This is the main law for copyright in the U.S. It explains what can and can’t be copyrighted, like original writing versus ideas or titles.
• U.S. Copyright Office: Their official guidelines provide detailed information on what copyright covers in literary works.

Canadian Copyright Law:

• Copyright Act of Canada: This is Canada’s main copyright law. It is similar to U.S. law in many ways, especially regarding what is protected (like original writing) and what isn’t (like ideas or titles).
• Canadian Intellectual Property Office (CIPO): CIPO provides guidelines that confirm the same rules apply in Canada. They protect original writing but not ideas or facts.

International Treaties:

• Berne Convention: Both the U.S. and Canada follow this international agreement. It standardizes copyright protection across many countries, ensuring that the rules are consistent in North America.

These days, AI can write every paragraph in slightly different words, writers are less protected than ever!

I repeat—I’m not a legal expert. If you have specific legal concerns, consult a copyright lawyer in your country for advice based on the most current legal interpretations. I have two connections who work with intellectual property, and I’m happy to refer you!