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For example, I would like to use the domain "stuckinthemiddle.com", but "Stuck in the Middle" is also the title of a book. Can I get sued on copyright terms?

I checked this question, and according to it, "Stuck in the middle" would have to be a trademark (which is not, I believe)...

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not sure if this is the right place for this questions as its more a copyright question.. But as far as i know its ok to do as long as your not using the name for a similar application / product. In the UK we have 2 companys both called Lynx, one is a deodrant and the other a freight courier but i think as they do different things neither is infringing.. thats my view on the subject, its not authorative but it might give you a bit of a starting point – sam Jul 12 '12 at 13:55
up vote 4 down vote accepted

[Don't ask legal questions without specifying where you're asking about.]

In the US, titles do not fall under copyright(6th question). According to the UK Copyright Service, this also applies. Generally speaking, if your country subscribes to the Berne Convention, you're relatively safe on the copyright side of things.

Separate from that, though, it is still possible to register a title/phrase as a trademark, as with Chicken Soup for the Soul and the "for Dummies" books.

[Insert standard caveat here that some countries may not apply the same rules, or have concepts such as Fair Use at all, and that there's also the risk of a vindictive copyright/trademark holder with lots of money making baseless threats and just wearing you down, etc. and that you should be talking to a lawyer if you think there's any real risk.]

So basically: you're probably safe in the case of most books. But you should also probably check anyway. If the book in question is at all popular or has reached a certain point of "product" in its own right, the risk increases.

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Thanks! No, the book in question is pretty unknown, I guess I will be in the safe side then. – dsign Jul 12 '12 at 16:52
I think the biggest risk you would be taking is getting muscled out of the domain name. People used to buy "coke.com" "nike.com" or whatever name they could think of, then try and sell it back to that company. Some got money but now I hear there are laws that say you have to give up the name in some cases. – BillyNair Jul 12 '12 at 23:57

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