Creating a Blog, Possible Conflict with Existing Novel & Characters

[aquariusk88]

Name of state: California

Hi everyone,

So I recently created a blog through Wordpress. Let's say its www.fatguysneedlovetoo.blog. Lets say I'm diabetic, divorced, love to travel, aspiring screenwriter, and trying to lose weight, so that's what all my posts will center around...my real life, nothing fictional.

After creating my blog, I do a google search for "Fat Guys Need Love Too" and found out there is a published novel with the exact same title. So I read the synopsis of the book, and the main character is ALSO a guy who's diabetic, divorced, and trying to lose weight.

Could the author pursue any legal action to sue me or have my blog taken down?

Not sure if this is common sense or if I'd actually be ok. I've been wrecking my brain to come up with a catchy blog name for weeks and when I finally do, this uncanny situation happens.

Thank you!

 

[quincy]

Hi everyone,

So I recently created a blog through Wordpress. Let's say its www.fatguysneedlovetoo.blog. Lets say I'm diabetic, divorced, love to travel, aspiring screenwriter, and trying to lose weight, so that's what all my posts will center around...my real life, nothing fictional.

After creating my blog, I do a google search for "Fat Guys Need Love Too" and found out there is a published novel with the exact same title. So I read the synopsis of the book, and the main character is ALSO a guy who's diabetic, divorced, and trying to lose weight.

Could the author pursue any legal action to sue me or have my blog taken down?

Not sure if this is common sense or if I'd actually be ok. I've been wrecking my brain to come up with a catchy blog name for weeks and when I finally do, this uncanny situation happens.

Thank you!

What is the name of your state?

Titles cannot be copyright-protected although some titles for book series can have trademark rights. The ""Harry Potter" books and the "Captain Underpants" book series are examples of book series that have both copyright and trademark protection.

If your blog post resembles too closely the text of a published book, the author/publisher/rights-holder might take exception to your writings. Whether any legal action arises from what you wrote depends on several factors.

There is a defense to infringement referred to as "independent creation" which can defeat an infringement claim if the alleged infringer can show he had no knowledge of nor access to the original work and the ideas expressed were entirely of his own invention. A comparison of the works can be an indication of original and creative thought versus copying of another's original and creative thought.

There was a thread on this subject awhile ago that discussed this. If I can locate the thread, I will post back with a link.

 

[aquariusk88]

What is the name of your state?

Titles cannot be copyright-protected although some titles for book series can have trademark rights. The ""Harry Potter" books and the "Captain Underpants" book series are examples of book series that have both copyright and trademark protection.

If your blog post resembles too closely the text of a published book, the author/publisher/rights-holder might take exception to your writings. Whether any legal action arises from what you wrote depends on several factors.

There is a defense to infringement referred to as "independent creation" which can defeat an infringement claim if the alleged infringer can show he had no knowledge of nor access to the original work and the ideas expressed were entirely of his own invention. A comparison of the works can be an indication of original and creative thought versus copying of another's original and creative thought.

There was a thread on this subject awhile ago that discussed this. If I can locate the thread, I will post back with a link.

Thank you for your response! I'm in California.
I will educate myself a bit more on independent creation and follow up if I have more questions. This is really helpful.

 

[quincy]

Thank you for your response! I'm in California.
I will educate myself a bit more on independent creation and follow up if I have more questions. This is really helpful.

Educating yourself on the laws that govern you and your blog postings is smart. Nothing puts a damper on a creative endeavor quite like an infringement suit will.

These were the threads I was thinking of but I am not sure they are as on-point as I remembered. I am including them now only to make my search for them not a waste of time.

https://forum.freeadvice.com/computers-software-internet-law-10/twist-impersonating-online-387815.html

https://forum.freeadvice.com/copyrights-trademarks-39/does-matter-if-similarities-coincidence-407378.html

Thanks for the thanks, aquariusk88. Good luck.