What is Book Trademark – How To Avoid Trademark Issues

trademark

Book Trademark is a legal term used to refer to the distinctive name, symbol, figure, letter, word, or words that represent a particular book. Book Trademarks are associated with books from sale for brand protection. In the United States, trademark owners have exclusive legal right overall use of their trademarks as well as its derivative uses to ensure quality in delivering goods and services under their trademarks.

Identifying A Book – Where To Look For A Book Trademark?

The title or cover design of a book might be used to identify it. The first pages of the book are also good sources for identification. However, the best way to identify a book is by looking at the International Standard Book Number (ISBN). Trademarks are associated with books that can be found on covers, title pages, spines, and back covers. 

How To Avoid Trademark Issues?

There are several ways to avoid infringing on the rights of others in relation to trademarks including following simple rules:

Rules For Creating Titles And Using Trademarks – Why Is There A Need?

When you name your book, make sure it is adequately descriptive and at the same time distinctive. Make sure that your title does not violate any existing trademarks. Make sure that your book covers and other material related to your book do not violate any copyright laws.

Read also, Becoming an Author : How to Write a Book in 7 Simple Steps

Copyright Laws – When Can I Use A Book Or Its Title?

If a person creates an original work fixed in a tangible medium of expression, the owner of such copy is granted certain exclusive rights with regard to the use of such work, including the right to reproduce or copy such work in any form, the right to create derivative works from such work, and so on, this is made known by the United States Copyright Law. By reproducing or copying literary works without permission you will be violating this law unless it falls under one of the following categories-fair use, library reproduction for blind persons or college students, etc., books with expired copyrights, school teachers for class use etc., registered trademarks and book titles which might not be classified as literary work (modern art paintings, etc.)

How To Avoid Trademark Issues? Step By Step Procedure

When you are planning to use a trademarked term, make sure that you follow the following steps.

Step 1: Look for the online trademark search page of the appropriate trademark office.

Step 2: Conduct a comprehensive online trademark search by typing in the trademark.

Step 3: If the trademarked term is found in your manuscript, then you need to check if it’s registered or not.

If yes, then request the publisher to cancel that particular phrase from the finished book. If not, proceed with the publication process.

How Can I Avoid Plagiarism? – How can I know whether my book is Authentic?

Plagiarism happens when someone uses ideas, writing style or even quotes from other people’s work without referencing them properly. There are several steps that you can take to avoid plagiarism.

Look for copyright, licensing and trademark notices about any material that you quote in your manuscript.

  • Ensure that your book is original by using different writing styles than the ones used by plagiarised works. You can also use various quotes from several sources to increase the originality of your work while ensuring that it is not copied.
  • If you are making notes about some data or source information, make sure to reference them at the end of the book along with their full bibliographic information so that readers can locate them easily if needed. You should also do this when citing web pages, interviews etc on which your ideas are based so as to avoid plagiarism accusations later on

Read also, Self-Publishing a Book: 18 Powerful Steps to Becoming a Best Seller Author

How Can I Save Myself From Copyright Infringement?

There are several ways of protecting yourself from copyright infringement. Discussing the issue with a lawyer is usually advised, but there are also some things you can do on your own to ensure that your book is original and doesn’t infringe upon any copyrights:

  • Do not include information that has been taken or adapted from other sources without referencing them or using quotations. If you use another person’s work then it must be used in full and quoted properly with their written permission. You should also give credit for any ideas borrowed from others by citing the source within your work. This way readers will know where to find information if they wish to reference it later on.
  • Avoid copying another writer’s style as this may result in incurring a copyright infringement suit against you. You will need to write in your own style with your own words and work on different writing techniques.
  • Give credit to all images, maps or graphs that you have used in your book by providing their author, title, and other relevant information. This way your readers will be able to find them easily should they decide to reference these images themselves.

How Do I Avoid Copyright Infringement When Using Online Sources?

Digital publishing has made it much easier for writers to use sources online without the fear of plagiarism accusations. However, if you are using web-based sources then there may be additional risks associated with this since many online objects can be copied however you like:

  • For example, copying content directly from an online journal or article without reference or permission is technically in breach of the author’s copyright. However, you can avoid this by saving information in your writing program and rewriting it before reusing it.
  • You should always include bibliographic metadata when using web-based sources; this will allow others to go directly to the source if they wish to, rather than trying to guess where you’ve gotten your information from.
  • You should also make sure that any content you publish online (including images) is not infringing on other people’s intellectual property rights. This means that you need to get written consent prior to use unless otherwise stated. Discussing this with a specialist lawyer will ensure that your work is safe.

Read also, How to Self-Publish a Book on Barnes and Noble Press

How Do I Know If My Work Is Fair Use?

  • Fair use is a specific section of copyright law that permits the reproduction of copyrighted material for criticism, commentary, news reporting, research and education.
  • Fair use is an open-ended doctrine that requires careful consideration of four factors before it can be applied to any particular situation. These are whether the original has been reproduced in its entirety or only a significant portion, whether the work has been transformed through other means i.e. adapted to suit your purposes, how much you have borrowed from another person’s work and what effect this use might have on their income.
  • Fair use does not provide an excuse for plagiarism or copyright infringement but rather allows certain exceptions so long as each one meets requirements according to the law.

Conclusion

The main thing to take away from this article is that if you are writing a book then the chances are high that you will have to reference prior published works in your text. Having an understanding of how copyright infringement can affect you will help you avoid any problems, but it’s always best to speak with someone familiar with the law before moving forward. If you are copying someone else’s work then it should be noted that this is illegal and wrong so don’t do it. If you have accidentally made a mistake with your prior published sources then contact the publisher or author directly to clear up any confusion.

Recommended For You

About the Author: Josh

Leave a Reply

Your email address will not be published. Required fields are marked *