How to Get a Copyright on a Name

A copyright helps to protect the original creative works of an author or artist. Every creative work that is published is copyrighted upon publication whether a copyright is registered or not. However, registering a copyright with the US Copyright Office makes legal action easier and acts as proof that the work rightfully belongs to the author.

Instructions

    • 1

      Determine if the name can be copyrighted. Technically, by law, a name cannot be copyrighted. To get a copyright on a name, it must be part of an original work and cannot just be the combination of one or two ordinary words.

    • 2

      If the name does consist of either original words or phrases, it is possible to copyright them by incorporating them into a larger work. Once the larger work is copyrighted, then one can defend the name via a copyright infringement claim on that work because an entire work does not have to be infringed to have a copyright claim. For example, a single chapter of a Harry Potter novel cannot be copied any more than the whole novel can be. In this way, the name can be defended via copyright.

    • 3

      Complete a Copyright Registration application form. Online forms are processed the quickest and have a $35 filing fee as of 2009. To file by mail, download an electronic version of the form. To obtain a non-electronic paper form, contact the Copyright Office.

    • 4

      Submit a printed hard-copy version of the entire work to the Library of Congress.

Tips & Warnings

  • Consider getting a trademark in addition to the copyright for extra protection of the name.

  • Do not print out the electronic copyright application file and fill it in by hand. A unique bar code is generated on each printout based upon the entered information. A form whose content does not match the bar code will be rejected.

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