I first asked this question in Yahoo answers, and I REALLY should have known better. I haven’t gotten a thing but “oh, I don’t really know, but I think blah blah bleh…” So I’m asking it here! (Because everyone is so smart. )
Let’s say that an author has a book called “The Southern Tragedy.” Can they promote it with a tag line like “The Southern Tragedy: It’s Like Gone With the Wind for Mystery Lovers!” I can see arguments either way. The author is comparing/contrasting their own work with an existing one rather than titling their own book “The Southern Gone With the Wind Tragedy.” But I honestly don’t know. That’s why I’m asking all y’all!
Well, the opinions on Yahoo Answers were so all over the place, but they included “you have to get permission from the author” and “no, you can’t, that’s why rights are reserved.” I don’t think anyone knew what they were talking about.
I Am Not A Lawyer and all that, but as a practical matter I see this being done all the time.
“If you liked Famous Novel, you’ll love Title of This Book!”
“Title of This Book is like Famous Novel on acid!”
“If Famous Novel and Other Famous Novel had a baby, it would be Title of This Book!”
“Title of This Book is this year’s Famous Novel!”
I don’t think this would be happening if it wasn’t legal or even if it required permission on a case-by-case basis. So I assume that it’s covered under Fair Use or something.
Happens all the time. You can refer to any book you like. It’s not even a copyright issue (titles aren’t copyrighted) and you’re not claiming the title or book as your own. You’re referring to an existing book and that’s not even close to being an issue.
If this wasn’t allowed, then no one could ever review a book.
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