Copyright

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So copyright is a fickle think to say the least. Putting it simply, everything you made is copyrighted to you the second you make. If you make a story that uses a name that's been used before, the name can't be copyrighted to you. But if you make up a name for the story and it's never been used before, it's automatically copyrighted to you.

"Your [work] is considered copyright protected from the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Since copyright protection is automatic from the moment a work is created, registration is not required in order to protect your work."

My art and my series is copyrighted to me, because my execution is different than others of its kind. I get the copyright to all I've created and you have copyright to all you create. Which means if you try to steal my work I can sue you. Technically the titles are trademarked by me. If you look up the titles to my series, you will find them. Here's my advice, do a google search of the title you want, if it's not there, you can use it. If it is, expect someone to be angry at you if you do use it.

"Copyright does not protect the idea for a game, its name or title, or the method or methods for playing it. Nor does copyright protect any idea, system, method, device, or trademark material involved in developing, merchandising, or playing a game. Once a game has been made public, nothing in the copyright law prevents others from developing another game based on similar principles. Copyright protects only the particular manner of an author's expression in literary, artistic, or musical form."

There can be two stories developed by different people with the same name, but that would be extremely unlikely. Unless it's a fan story. Game, fan fiction whatever. In that case, it would fair use, the ability to use the name, characters etc as long as you credit the original creators.

"There are two kinds of trademarks. One is a registered trademark. That is shown with an (R). And this means that you filed it with the uspto and obtained a registered mark. Then there is unregistered trademark which is shown with a TM. This is also known as a common-law trademark and is also valid in the united states and canada and some other countries. For that you just stick TM on something and use that mark in print or advertising.. like on a website or inside a published app."

Okay, this is just pure legal stuff. Don't use someone else's work without permission. Don't steal. You can use the same title but it's really not done often.

Edit: Part Two I suppose

If you want to trademark a title for your story, first make sure that no one else is using it, then post that you've claimed the name. That way, no one can use it. It doesn't stop them from using it, but it'll always be there to know that you were the one who created it. Now, if the name is somehow like "flowers", then, good luck.

This is why I've made logos, posted and made chapters for all my stories that have names. This makes sure that the name and story are shown to belong to me.

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