I’m curious about copywriting (I think it’s copyrighting. I could be wrong). Say for instance, I own the name of a column I write in a newspaper. Someone else is using the same name for a column in a local magazine or newspaper, in a different state.
So, is this copyright infringement? Who should be contacted about it? What kind of penalties are attached?
No, I’m not planning doing this. I’m just curious about how protected a name is.
It’s copyright.
You can’t copyright a title.
You might be able to trademark a column name, however, if it’s distinctive. Note the little 'R" in the Straight Dope logo at the top of the page.
Trademarking is easy, but you’d need to talk to a lawyer to see what the chances are of a) having it accepted and b) having it stand up in court. Two local non-competing firms with the same name usually do not have trademark protection from one another. It’s different if one of them is national, but that doesn’t appear to be your situation.
Actually, the name is trademarked and I think it’s national. It may not be a commonly known column, but a simple intermet search on the name would tell a person that it’s been taken and trademarked.
When I saw it today they didn’t use a trademark and it was a local paper.
Just so you know, there is such a thing as copywriting, though it’s obviously not you’re asking about here. Those who write ad copy (the printed text
or spoken words in an advertisement) are called copywriters.
Talk to an attorney, but realize that the laws are fuzzy with regard to such things. For instance, even if you copyright something, there is “fair use,” which allows for limited use, usually in educational settings, of copyrighted materials without permission or compensation. Even if you do copyright something, if it isn’t registered properly, you may not be able to sue for damages. The same goes for copyright and trademarking that isn’t scrupulously policed–a company, for instance, can lose its right to a trademark if it does little or nothing to make sure the trademark isn’t being used by the public in a generalized way. Thus, a server must say “We serve Pepsi products” when you ask for a Coke. Of course, courts are always able to make new laws or rulings, and lawyers and legal scholars love to argue points, so getting a straight answer on the subject can sometimes be difficult.
If the name of your column is trademarked, it’s time to have a lawyer send out a letter. About all you can ask, though, is that they cease and desist. Anything else would require you to show actual damages, e.g. that you couldn’t syndicate your column because of confusion with the other one or the like.