I had a few random questions recently from aspiring writers that I'd like to touch on this week.

What if my book title is similar to an existing book? Can titles be copyrighted?

No, titles cannot be copyrighted, nor can story ideas or character names, but it's just not good form to imitate the work of other people too closely. Approach that great idea you read about from a different view or target a different audience. Personalize information and beware of trademark laws which protect "distinctive" work with highly recognizable phrases or character names. For example, you could write a book about the Civil War, but don't name your protagonist Scarlett and dress her in green velvet curtains.

How should I handle trademarked materials in my novel?

To quote from my chapter "Excavating Ethics" from Grit for the Oyster: 250 Pearls of Wisdom for Aspiring Writers, "We must take care to use organizations' logos or trademarks properly. For example, Xerox and Velcro are registered trademarks with specific usage guidelines and should be used only as capitalized adjectives to identify the company's products and services, never as verbs (i.e. "Please xerox that article," or "Why don't you velcro that shoe?"

"Terms like Google and Netflix are beginning to be used generically, but caution should be taken with these and other descriptive trademarked words like Frisbee, Cineplex and La-Z-Boy. "

Is "borrowing" excerpts from other writers considered plagiarism?

As long as you cite your reference (and don't exceed a paragraph or two at most), it is acceptable and even a complimentary to quote another writer. But borrowing without returning (documenting your source) is stealing and not only are you opening yourself up for possible lawsuits, you're lowering your bar of moral standards and damaging your reputation.

What about using material I found on the internet? Do copyright laws apply?

Amy Cook, Writer's Digest legal expert, states that "Original stories, poems and quotes are all copyrighted matieials, whether they exist on a piece of paper or a computer screen. If you don't get permission from the people who hold the rights, then you're stealing thteir material" (3/04 Writer's Digest p. 24).

A Writer's Journey Continued

While doing final edits for a book I'd written and submitted to the publisher almost a year ago, I ran across a passage that was uncannily familiar. Where had I seen it before?

Ah, yes, it was eerily similar to a piece I'd written for an anthology (with a different publisher) that had just been released. Hmmm. I didn't remember using those specific words before, but there they were, almost verbatim. What to do? What are the ethics involved here?

Take heed to these excerpts from the "Excavating Ethics" chapter of "Grit for the Oyster: 250 Pearls of Wisdom for Aspiring Writers":

"The U.S. Copyright Office says, 'You may make a new claim in your work if the changes are substantial and creative - something more than just editorial changes or minor changes.' That includes your own work for which you've sold 'all rights.'"

"Since ideas cannot be copyrighted, you are certainly free to use the same idea, but you must approach it differently..."

"Contrary to popular belief, book titles and character names can't be copyrighted. However, if the title or name is 'distinctive' enough to be associated with a preexisting work, trademark laws may apply."

So how does this translate to my situation?

I altered several key sentences in the newest work, creating a fresh line of thought. While maintaining similar concepts in both pieces, I was not infringing on any ethical or legal fine lines.

The tricky part was explaining to the editor why I was changing content at this late date without appearing as if I had intentionally mooched off my own previous work. Intentional or not, nobody likes a copycat.

Especially publishers who are paying you for original work.