I have a hub I want to write that I also want to protect so I can use the same title for a web site...is there a way?
Could you give us some more details? Do you mean protect as in "copyright"? A title wouldn't fall under U.S. copyright law. To qualify for copyright, a work has to meet the following:
In order to be copyrightable, a work must be
1. fixed in a tangible medium of expression ; and
Copyrights do not protect ideas, procedures, processes, systems, methods of operation, concepts, principles, or discoveries: they only protect physical representations. 17 U.S.C. § 102(b). Anything unrecorded is not copyrightable, in as much as it is not "fixed;" for example, dances and improvisations themselves are not copyrightable: only visual recordings or written descriptions of them are.
If you are talking about a trademark, then I don't believe a title qualifies.
"Trademark registration can be granted on distinctive names, logos and slogans. Marks may be inherently distinctive because they are original and unique, or may become a strong mark over time or as a result of a marketing campaign."
If you mean copyrighting the entire hub, then that's a different matter.
I highly doubt that you can claim copyright over something like a title.
And what do you mean by 'use' it for a website?
Is the title available as a domain name? If so then the only protection you'll get is by registering the domain name.
Thank you darkside for your quick response...that is what I want to do use it for a domain name but I want to try and keep others from using the title since I feel it is a slogan I can use for a marketing a up coming book. I also want to thank wordofmouse for her incites. I knew I could not copyright it, I just want to see if there was another way to protect it. Thanks for the feedback! You have help me some all ready! I do not want to protect the whole hub and yet...I did not know that was doable is it?
If you want to use it for a domain name, it's more important to protect the domain name. The only way to do that is to buy the domain name RIGHT NOW. It doesn't cost much and you can just let is sit there idle if you're not ready to create the website yet. Or you can park it at WhyPark with some basic information, so it gets some age and perhaps makes a little income in the meantime (I wrote a Hub about it).
I think you may want to go the other way around:
- First create a unique trademark
- Register it (preferable)
- Claim it through usage (weaker protection, less expensive)
- Register one or more domain names corresponding to the trademark
- Create hubs, possibly also other articles using the trademark in your title.
The title cannot be trademark protected unless it is a slogan etc. with sufficient uniqueness, according to applicable laws and practices.
All this trademark/copyright stuff costs serious money.
There must be a better way.
Edit: Or not.
Titles enjoy no copyright protection, as stated on the US Copyright Office website. The site also points to trademarks as a possible solution.
Thanks to everyone for all the feedback..I especially want to thank Website Examiner for the link! Great stuff...
Buy the domain and create the hub but leave it blank and unpublished till you are ready to complete it.
Other people can choose the same title as you, but only you can get the URL which matches your title.
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