domain copyright issues

domains used in existing cultural references

[pixel_juice]

Hi :)

If I buy a domain that is an unusual combination of words that is also a book title, am I likely to run into copyright problems? The content will be nothing to do with the book in question, I'm just worried that if the words are unusual this might present problems.

Any advice anyone?

[Lisa]

There is no problem. As long as you don't play on the book, and your site is about something different. This would be considered a fair use of the domain.

[pixel_juice]

Hi Lisa.

Thanks for the advice. I just thought the words in question sounde quite cool, which is why I wanted the domain name :)

Could there be a problem if say the author of the book wanted to buy the domain themselves?

[mbauser2]

Book titles aren't copyrightable or trademarkable in the United States. If you're in the U.S. (and I can't tell, because it's not in your profile), you've got a pretty good defense right there.

(Magazine and periodical titles, on the other hand, can be trademarked.)

The author is only a problem if the author wants to be a problem. In absence of a copyright/trademark issue, the author would have to use one of the lamer "bad faith" claims like "defamation" (unlikely to suceed unless you're doing something antisocial with the domain), and/or "misguiding searchers" (unlikely to suceed if your site is about a different topic, or the book is so incredibly famous that everyone wants to read about it).

I wouldn't worry about it, myself.

[pixel_juice]

Thanks for your input mbauser2. I guess I will go ahead and buy my domain ;)