Frequently I am asked if a name, title or phrase can be protected. The answer to this question is yes, they may be protected, but not under copyright law. Copyright law does not provide for the protection of such things, but trademark law does. 

Copyright Law

Copyright protection extends only to “original works of authorship.” The statute states clearly that ideas and concepts cannot be protected by copyright. To be protected by copyright, a work must contain at least a certain minimum amount of authorship in the form of original literary, musical, pictorial, or graphic expression.

Names, titles, and other short phrases do not meet these requirements and, therefore, are not copyrightable. This is true even if a name, title, or short phrase is novel, distinctive and/or lends itself to a play on words.

The Copyright Office cannot and does not register claims to exclusive rights in brief combinations of words such as:

• Names of products or services

• Names of businesses, organizations, or groups (including the name of a group of performers)

• Names of pseudonyms of individuals (including pen name or stage name)

• Titles of works

• Catchwords, catchphrases, mottoes, slogans, or short advertising expressions

• Mere listings of ingredients, as in recipes, labels, or formulas. When a recipe or formula is accompanied by explanation or directions, the text directions may be copyrightable, but the recipe or formula itself remains uncopyrightable.

For more information on copyright protection see Applying for a Copyright.