Informationen zum Titelschutz

In publishing, title protection is an important core concept—title protection allows an author or publisher to secure the rights to the name of a work. This makes the work unmistakable on the market and allows it to be advertised and discussed. In the complicated world of German, Austrian, and Swiss copyright law, it is easy to lose track of the terminology, deadlines, and paragraphs. We therefore answer the most important questions on the subject in a detailed overview.

The basic concepts: What is a work title? What is title protection?

The title of a work is the name or designation of a work of art and an important factor in the successful marketing of a book. The title serves to differentiate the work from other works of its kind. The content of a work of art is made clearly accessible. The title of a work allows it to be reviewed and offered without confusion, so that everyone has the same work in mind when they see that title.

Not only when working with publishers, but also when self-publishing, there is one question that arises before publishing your work to others: Who owns the title of the work? The title that may be chosen for the work depends on whether this title already belongs to someone else. heard – whether an author or publisher has the corresponding title protection has registered or is already using it. Once the title protection has been registered, the work title is copyright protected and may only be used in connection with the corresponding content of the designated work. This prevents confusion, allowing for universal discourse about the works. Even without a title protection notice, titles that have been used may not be reused in the same industry.

How is title protection established?

In Germany, the date of title protection is precisely defined: According to Section 5 (1) and (3) of the Trademark Act (MarkenG) An author only has copyright protection for the title of their work once the work has actually been released for commercial use. In the case of books, the title is therefore only protected after publication, unless at an earlier stage Title protection registered The general rule is: whoever registers the title first is entitled to use it. Without a title protection notice, the copyright belongs to the party that was the first to commercially market the product.

A title differs from a trademark in that the name can continue to be used in other industries and is only valid for the industry associated with the work. For example, confusion between a book title and a fast food chain is impossible, so the title protection of a book applies exclusively to other books. Within the book industry, a distinction must be made between different branches of business—for example, two fiction novels may not have the same title, whereas a non-fiction book or a photo book with the same title as a fiction novel would be acceptable. It is important that confusion is ruled out. Attention! A protected title may infringe on the trademark rights of others – therefore, be sure to check the trademark rights for your chosen title before registering it (or have us check it for you). Various search engines and providers for detailed research can help you with the legal orientation for your desired title. If your title exists literally or in a similar form, it is best to inquire directly with the title owner.

How long does title protection last?

The title protection is valid as long as the designated work is commercially distributed. For different media, this also means different periods of validity: if a work is adapted, sold, or broadcast, it is considered to be in use. This also applies to works that are currently unavailable but for which a new edition is being considered. If the entitled party no longer uses the title, it is valid according to §15 and §3 of the German Trademark Act (MarkenG) no longer protected. According to the German Publishers and Booksellers Association A title is considered to be out of use if the work has not been available for two years; in the case of periodicals, after one year. In some cases, a period of five years after distribution has ceased is also common, for example if the work was previously distributed commercially for a particularly long period of time and is considered a »classic.«.

If a title is used twice despite title protection by one party, the owner of the title protection claim has ten years to claim damages. After becoming aware of the title being used by a third party, the plaintiff has three years to assert their claim. After these periods have expired, the title owner no longer has the right to claim damages or file a lawsuit to prevent the use of the title. In such exceptional cases and by separate agreement with the title holder, work titles may also be assigned twice. In the field of fiction, for example, if the books are of completely different genres, the parties may agree in special cases to use a similar title jointly – in the case of books, a unique ISBN number also ensures that the works can be definitively differentiated.

Who is the holder of a title?

Regular use of a title makes an author or publisher the owner of the title. Before publishing a novel, publishers usually clarify with the author in a contract which title is to be used for the work. In most cases, the title of a work is determined by the publisher, as it serves mainly commercial purposes. In the case of cinematographic works, the rights to the title belong to the producer, who usually chooses it alone. Before granting title protection, one often speaks of »title of the work« to emphasize the provisional status and avoid confusion. Other works may also be designated with the additional designation »working title.« It is important to emphasize that the work may have a different title when it goes on sale.

Where does title protection apply?

According to German law, title protection applies to Section 5 (3) of the German Trademark Act (MarkenG) for all works distributed in Germany. In the international German-speaking world, there are different regulations for titles and title protection, so if you are distributing internationally, you should find out exactly what the legal situation is in the target country. Austria, for example, follows Section 9 of the Unfair Competition Act (UWG).

The protected title may be mentioned and publicly referred to by others in connection with the designated work at any time. Once protection has been registered, only other works from the same business sector may no longer bear the same or an overly similar title. If there is any doubt about the commercial proximity of the designated works, you should contact the title owner directly. Authors and publishers of similar titles should set out in writing in advance what claims exist under what conditions.

Why do I need a title protection notice?

Title protection for a planned work can be brought forward with the help of a title protection notice. Even during the production or planning of a work, the publisher or author can secure its title and announce it without reservation and discuss it with others. The title protection notice prevents announced titles from being taken over by others. This guarantees that commercial marketing prior to printing will benefit the intended work and cannot be used by others for other purposes. The prerequisite for title protection is the actual planning of a timely publication and the corresponding public announcement (According to the Federal Court of Justice, ruling of June 22, 1989 – I ZR 39/87According to the Börsenverein, the guideline of one to two years until publication also applies here. Other sources set the period for the upcoming publication of a protected title at five to six months. The period depends on the medium and the associated production costs. If a title is still unavailable after a longer period of time and there is demand for it from a second party, the title protection may expire.

Is a title search conducted before the title is published?

A title protection notice does not generally include a title protection search. Providers of title protection notices only offer the registration of title protection, but not a prior check to see whether this title may infringe the rights of third parties. Before placing a title protection notice, you should carefully determine whether the rights to a title already belong to someone else. In addition to the advertisement service, many providers offer professional title protection searches, which can be requested separately before you register your title protection. To be absolutely legally secure when using a title, you should have an expert professional rule out any legal concerns. Since a new title can infringe both trademark rights and existing title protection, research by an expert in the field is more reliable than your own research on the Internet.

Should you conduct a title search before publishing and using a work title?

Before publishing a work, you should always conduct a title search. If the title you have chosen for your work is already being used by another author within the industry, this can have legal consequences and result in high fines. If your product is already on the market, you may be forced to withdraw the edition and release it under a new title. This can result in additional costs, as works without the correct title are not permitted for commercial distribution. If the preliminary search reveals no overlaps, nothing stands in the way of title protection and the subsequent publication of the new work.

In addition, regular research protects you from the fraudulent appropriation of a prominent title by others. Title protection makes your work distinguishable from other works, and you can ensure this at any time with the help of title protection research. Even after publication, you or an expert representative should conduct regular research to ensure that your title is not being misused by others. Fraudulent titles for works by »free riders« following a major success are deliberately chosen because of their high risk of confusion with existing titles. Thanks to title protection, you can prevent the production of overly similar titles in the same industry—provided you are aware of these titles. Research is therefore an important part of securing a successful title.

How long is a title protection notice valid?

Title protection should generally be registered five to six months before the publication of a work in order to be able to exercise full rights to the title. In special cases, this period may be longer, in which case the work must also be advertised in advance and proof of upcoming or ongoing production must be provided. If the title is not produced or published within six months of a title protection notice, the protection may expire and third parties may register new title protection.

How much does a title protection notice cost?

Various institutions in the book and art industry offer title protection for different works. Most providers sell title protection relatively expensively and offer a number of additional services related to this. The price-performance ratio varies enormously among many providers. With us, you can register your title without any complicated registration process. immediately Get affordable protection. Authors, self-publishers, and representatives of the publishing industry benefit from our service and, with our help, can announce their titles without hesitation even before publication and use them later. By focusing on the essentials, the most important step is very affordable at €39 and well worth the money—we would be happy to advise you personally on additional services such as title protection research before and after the announcement. The first step toward successful publication without legal hurdles and unpleasant surprises is quickly taken with our title protection notice. Your work becomes unique and can be clearly identified on the market without third parties being able to take advantage of your success. This provides security and guarantees a fair market economy in the arts.