Titles (already used ones)

Yes, another post on titles but with a slightly different focus.

Some people have wondered, and there have been a few answers on this, if they can use a title they think works for their novel but someone else already has used. Some people advise that when you come up with a title to double check to make sure it's not take.

But can books with the same title be published? Yep.

Titles, as far as I'm aware of, can't be copyrighted. Surprised? But it's true, much like ideas. A full franchise is a little different than just a title, however (wouldn't recommend going for Star Wars, for example). So, it's possible to use a title that someone else has already used because you never know if someone will have the same title. Some of the ones in the examples were published in the same year, sometimes in the same season.


There are many examples of different books by different authors with the same title. Here is a very small list.

"Book of the Dead" - (2007) Douglas Preston, (2007) Patricia Cornwell, (1991) Tanith Lee, (1990) Robert Richardson, (2004) Ashley McConnell
"The Moving Target" - (1949) Ross MacDonald, (1963) W.S. Merwin
"Fallen" - (2010) Lauren Kate, (2008) Erin McCarthy, (2008) Claire Delacroix, (2006) David Maine, (2001) Celeste Bradley, (2009) Laury Falter  [at one point I had a wip novel with this as the wip title]
"The Fallen" - (2006) Thomas E. Sniegoski, (2006) Paul Langen, (2008) Gwen Hayes, (2006) T. Jefferson Parker, (2010) Mark Terry, (2006) Joshua Dragon and Arthur Breur
"The Dragon Reborn" - (1991) Robert Jordan, (2002) Kathleen H. Nelson
"Hero" - (2009) Perry Moore, (2010) Mike Lupica, (2007) S.L. Rottman, (2009) Derwin Gray, [was the initial wip title for my adult mutant novel]
"Aftermath" - (reprint 2010) James Lane Allen, (reprint 2010) Hilaire Belloc, (2002) Peter Robinson, (1999) Charles Sheffield, (1997) Levar Burton, (2009) Scott Campbell, (2007) Brian Shawver
"Against All Odds" - (2009) Irene Hannon, (1991) Kay Thorpe, (2000) Barbara Riefe, (1988) Patricia Rosemoor, (2002) Tricia Pursell, (2000) Russel Keith, (2005) Jasmina M. Svenne
"Taken" - (2009) Anya Bast, (2007) Chris Jordan, (2008) Selena Kitt, (2008) Jet Mykles, (2006) Barbara Freethy, (2002) Thomas H. Cook, (2002) Kathleen George, (2010) Debra Lee, (2010) Chloe Stowe

And these don't include variations on the titles, and most don't include a secondary section to the title either. They have the exact same title.


There are a few things to consider if the title chosen has already been used.
1. When was the book published? Published in 1980 will be less of a problem compared to published in 2010. While this doesn't have to hinder the title, it's something to at least think about. But remember, if the book hasn't been picked up already, it's going to be a few years before it even gets published, so it may not be an issue then.
2. How popular was the novel? The more popular the book, probably the less likely that title should be used. Though that is not a guaranteed rule or anything.
3. Similar to popularity, what do people think of those novels? If you don't want the hype surrounding sparkly vampires and the perceived thoughts of the technical aspects in the writing, then Twilight might not be a good one to pick (aside from the popularity of the novel).
4. Is it in the same genre? For the not epically popular novels, just being in a different genre will mean there isn't a problem in using the title. The title "Against All Odds" was used for romance and suspense type books. They will be put in separate sections of a bookstore and the only issue will be for people who remember the title of a recommended book but not the author.

In the end, if the title works at this point for the novel then I'd so, go with it. If a publisher wants to change it due to others that currently have that title, then it might need to be changed. But can't predict what a publisher will say until the contract gets made and such. For those of us that aren't published, or even contracted, writers, it doesn't matter as much.


Your thoughts?
Ever have a title only to find out someone published a book with it already?