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New cookbooks with the same title - is that ethical?


Smithy

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As a longtime fan of Lynne Rosetto Kasper and her works, I was surprised and a bit dismayed to find a book written by Maxine Clark and published in October, 2011 with the title Italian Country Table. "How strange," I muttered to myself, "I thought that was one of Lynne's books." Going back to check the record, I see that Ms. Kasper's book (published in 1999) is fully titled The Italian Country Table: Home Cooking from Italy's Farmhouse Kitchens. Hmm. Ms. Clark's book doesn't quite have the same title, but if you were going to look for Ms. Kasper's book in a store or online, my guess is you'd use the shorter name to find the book in question.

Is the newer book flirting with copyright infringement? Are there rules - codified or unofficial - governing the naming of books with similar topics?

Nancy Smith, aka "Smithy"
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You can't copyright a title. http://www.copyright...q-protect.html. About half-way down.

This link only works if you remove the full stop at the end.

http://www.copyright.gov/help/faq/faq-protect.html

It is also worth pointing out that this only applies to US law, which is not always in agreement with the rest of the world.

...your dancing child with his Chinese suit.

 

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Setting aside the copyright question (both books were published in the US, I believe), the trouble is that something like Italian Country Table is incredibly general: there are probably dozens of cookbooks with similar names. And across the universe of publishing duplication of titles is really quite common. I wonder how many different books out there are called Sauces, for example.

Chris Hennes
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chennes@egullet.org

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