I’m an observer. I tend to stay pretty quiet, keep to myself, and take in all the data. Then I shuffle through the sometimes overwhelming amount of input, mentally file what I need, and toss the rest. Today’s topic on Copyright is one that keeps rearing it’s ugly head with all of the AI discourse, and I thought it might be nice to examine it here today.
I haven’t met any writers more passionate or inspiring as the ones I have met in the Romance community. Which makes sense considering that they write relationships and life situations for a living. The topics the romance authors write about, Love, Trust, and yes… Sex, are topics that touch each and every one of us on some level in our daily lives.
What is interesting to me is that for all of the anger, book banning, and disdain there supposedly is for the romance community, they remain some of the most stolen works to date. I would even argue that a large percentage of them educated the earlier models of AI… but I’m getting ahead of myself. Although I will say that if your email to your boss ends up sounding like purple prose with magick… you are welcome.
What I would like to chat more about today is the Trademark and Branding end of things. This is also something I missed the mark on early on in my journey and something I believe you can get ahead of yourself on as well, especially when it comes to writing. We spend so much time creating our worlds and living and breathing our characters, that when it comes time to market the only thing we can come up with is “Buy My Book… it’s good.”
I realize sometimes that is all we have left after squeezing every ounce of creativity energy we had into the pages of our latest work… but spending a little time disconnecting the author from the work and thinking about the message you seem to be giving time and time again when you write, can really give you a good basis to figuring out a little better way to represent yourself and your work.
Full disclaimer: I am in no way an expert… and what works (or doesn’t) for me may not work for you. My hope is that this post will get the gears turning and leave you with some ideas you can apply to your own author business. Got it? Good… now, let’s chat about Brands, Trademarks, with a smidge about Copyrights to start.
Copyright: Protects Creative Expression
Here is a definition from the U.S. Copyright website:
“Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression. In copyright law, there are a lot of different types of works, including paintings, photographs, illustrations, musical compositions, sound recordings, computer programs, books, poems, blog posts, movies, architectural works, plays, and so much more!” https://www.copyright.gov/what-is-copyright/
What Copyright Covers in Writing:
- The specific expression of an idea (the actual words you use).
- Character names and dialogue if they are distinctive and integral.
- Story structure, unique world-building, or series universe to a limited degree.
What Copyright Does Not Cover:
- Ideas or concepts (e.g., “a love story between gods and mortals” isn’t copyrightable).
- Common phrases, titles, or names (unless they qualify as trademarks, which is rare).
- Historical facts or mythological figures (though your expression of them is protected).
How It Affects You as a Writer:
- Yes, you automatically hold copyright of your own writing; however, your protection could be strengthened by filing and registering your work with the Copyright Office in your country. There is a filing fee in the U.S., but some countries process filings at no charge, so check ahead!
- You can quote or reference other copyrighted works only within fair use — typically for commentary, parody, or limited transformative use. This is the muddy water we are getting into now from what I can see with the AI discourse, so use caution when planning your creative works is the best advise I can give. If it is in public domain, you are good to go… if not, best to get permission is my rule of thumb. Some examples:
- High Risk: Using “Harry Potter” in your fantasy novel
- Low Risk: Describing “Nike sneakers” worn by a character – as long as incidental
- High Risk: Creating a new series called “Game of Thrones: Aftermath”
- Low Risk: Writing a myth retelling featuring Zeus, Hecate, or Little Red Riding Hood
I recently took a deep dive into Copyrights, so won’t repeat any of what I had to say here, but I will repeat that I am an advocate of filing copyright, owning the rights to your intellectual property, and purchasing your own ISBNs so you can control your metadata. That said, if you want to learn more about my humble opinion, you can head to the post I wrote in October of 2025: https://dahenneman.com/2025/11/01/do-romance-authors-really-need-to-register-copyrights/
2. Trademarks: Protect Source Identification
Definition:
A trademark protects brands, not creative expression. It identifies the source of goods or services — think of it as protecting consumer recognition.
Examples:
- “Harry Potter™” is a trademark owned by Warner Bros. for entertainment and merchandise.
- “Star Wars™” or “Marvel®” are trademarked brand identifiers.
- A book title or series name can be trademarked once it identifies a brand (e.g., The Power of Four® if I used it across multiple books and merch).
What Writers Should Watch For:
- You can mention trademarked terms (like “Kleenex” or “Louboutin heels”) in fiction, but you shouldn’t imply endorsement, sponsorship, or ownership. I would add that your comments about these brands shouldn’t be disparaging.
- Avoid using trademarked terms in your book titles or marketing in a way that might cause confusion.
- When referencing real-world brands, use them descriptively, not as focal points of your work’s branding.
Example of Safe Use:
“She slipped on her Louboutin heels and dashed out the door.”
→ Descriptive reference = allowed.
Example of Risky Use:
Louboutin Lovers: A Romance Series
→ This could infringe or dilute the trademark by implying association.
3. Brands: Commercial Identities That Overlap Both
A brand is the public image and identity under which creative work is sold. It can be protected by:
- Trademark law (to prevent confusion about source),
- Copyright (for creative brand elements, like logos or taglines),
- and Contract law (licensing, collaboration, or publishing deals).
Example:
D.A. Henneman’s Power of Four or Goddesses in Love could become brand identifiers. If I were extend those universes into spin-offs, merchandise, or special editions, it would be wise for me to trademark the series titles or logos to protect my brand identity.
4. How These Protections Interact in Writing
| Aspect | Copyright | Trademark | Brand |
|---|---|---|---|
| Protects | Creative expression | Source of goods/services | Public perception |
| Applies to | The words and story | Names, logos, slogans | The overall identity |
| Prevents others from | Copying your writing | Using confusingly similar identifiers | Diluting or misrepresenting your identity |
| Duration | Life of author + 70 years (U.S.) | As long as it’s in use | As long as maintained |
5. Key Considerations for Writers
When naming a book or series:
Check for existing trademarks in your genre. USPTO.gov or WIPO databases are a good start.
When referencing real entities:
Keep it factual, incidental, or descriptive — not suggestive of affiliation.
When creating a shared world or series:
Consider registering a trademark to protect your universe name or logo if it’s central to your marketing.
When borrowing from myth or history:
Freely use mythological or historical figures — just don’t copy another author’s unique portrayal or language.
When hiring artists or collaborators:
Use written contracts clarifying copyright ownership or licensing.
So the last thing I have to say about this topic, especially for a new writer just starting out, is that this can all be stepped into when the time comes, since most of it doesn’t impact you until you have written and published your first book. In fact, Trademark level stuff may never happen if you are clipping along writing books, making readers happy, and you are living your best life. But branding… now that is something you might want to take a few minutes to think about.
The biggest thing to remember is that branding isn’t about the product you are selling, it is about you (your business). You may start out writing Fantasy Romance and, if you are like me, end up writing Supernatural Cozy Mystery. It is a good idea to learn early on what “promise” you are making to your customers/readers and solidfy that with your images, messages, posts, and presence. That is branding.
It is the consistent message of what you are offering and subsequent delivery of that promise. What is your product delivering time and time again? Not Fantasy Romance if you are on to Supernatural Mystery, right? How about Fantasy, Paranormal, and Supernatural Fiction with a Magickal Twist? Better. But I would argue that I could dig a little deeper with my own stuff.
Take a moment to think about what you are offering your readers and what your “brand” would be. It can take some time to get to it, but once you do then you can work on the next step which is coming up with a tagline and logo to represent the brand in lieu of the book. Hope this helps, and if it does, let me know in the comments below! For more on me and what I write, check out the links below. In the meantime, happy writing!
Here is a deep dive into the Copyright topic I posted recently:
You can find out more about what I write here:
And for my Shorts and Tidbits:
All rights reserved, including the right to reproduce, distribute, or transmit in any form or by any means. For information about subsidiary rights, please contact the author at saraybooksllc@gmail.com. You can find the Author’s Privacy & AI use policy here: https://dahenneman.com/home/privacy-policy-for-d-a-henneman-author-saraybooks-llc/.
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