A book has a creative aspect, in that the content of the book is written and laid out in a certain manner, using certain words that the author chose. This creative aspect is protectable via a copyright. As a creator, the rights to your own creation attach to the work as soon as the work is written — we call this “fixed in a tangible medium of expression.” So as soon as you create it, it’s protected, an no one has the right to copy it but you.
So why register a copyright? Because it gives you certain rights, such as the ability to sue in court for copyright infringement, and the right to get statutory damages for copyright infringement. Your copyright registration is your ticket to federal court. But I hope you don’t have to go there, because federal court is expensive! The best defense is a good offense: If you find people who are using your work, send them a cease and desist letter, and tell them to quit. If you have a copyright registration, you can send them a copy of the registration certificate, and inform them that because you have a copyright registration, you have the right to sue them in court for statutory damages of up to $150,000 per work infringed if the infringement is found to be “willful” i.e., deliberate. This is generally such a deterrent that the infringing party will immediately stop their naughty infringement, and all without having to sue them in court.
You may also have the right to apply for trademark protection for your book series, if you have a series of book with which you are using a certain brand that distinguishes them from other publishers’ books. To have a book series, you need to have more than one book. For example, we’re all likely familiar with the FOR DUMMIES series of books published by John Wiley and Sons, which shows beginners how to do everything from play tennis to balance their checkbook. These books have distinctive branding that is shown on each book in the series: A yellow and black background with a stick-figure “dummy” guy. This trade dress and the “FOR DUMMIES” phrase is part of their distinctive trademark for this book series.
Another example are the CHICKEN SOUP FOR THE SOUL books, which use the distinctive phrase for the books. All the books in the series are called some variant of that: Chicken Soup for the Teenage Soul, Chicken Soup for the Soul for Grandparents, etc. If you’re considering a book series, but don’t have more than one book, consider creating a workbook or study guide to go along with your book. Now you have a series, and that series is eligible for trademark protection.
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Contact Dallas, Texas trademark attorney Angela Langlotz today to get started on a trademark application for your valuable brand.