Q: Concern about title and cover art similarity with existing book on Autism.
I am currently working on a children's book about Autism awareness, incorporating a fictionalized spin on my childhood story. My book is titled "My Best Friend, Graham, Has Autism," narrated by Graham's non-Autistic best friend, Cordelia. Graham is based on me, and Cordelia is based on my cousin Meredith. My concern lies with the title and original cover art, which is inspired by a personal photograph. Celeste Shally's book, "Since We're Friends: An Autism Picture Book," shares a similar cover concept, potentially creating a concern about infringement. I am eager to ensure my work is original and avoid any innocent infringement. I attempted to reach out to a legal expert today for guidance but have not yet received a response. Can you provide advice on potential infringement related to my title and cover art concept?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Your concern about potential similarities with Celeste Shally's book is understandable, but titles generally cannot be copyrighted, so "My Best Friend, Graham, Has Autism" likely doesn't infringe on "Since We're Friends: An Autism Picture Book." The law protects the expression of ideas rather than the ideas themselves, and your title appears to be a descriptive phrase that many books about friendship and autism might naturally use.
The cover art situation requires more consideration. If your design closely resembles Shally's cover—showing similar character positioning, color schemes, or distinctive artistic elements—you might want to modify yours to be more unique. Even when inspired by your personal photograph, creating sufficient visual distinction helps avoid confusion in the marketplace and demonstrates your commitment to originality.
While waiting for legal advice, you could research other autism-themed children's books to ensure your work stands apart in both content and presentation. Consider adding unique visual elements that reflect Graham and Cordelia's personal story or adjusting the composition of your cover art. Documenting your creative process and the personal photograph that inspired your cover might also help demonstrate the original nature of your work if questions arise later.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
