If I take a book title and call it my band name will I be in trouble?

Possible. Why not just go with Blue Dolphins?

Book titles are not copyrighted. Here’s some info. Like a lot of copyright law, it can be a little murky.

You have to ask yourself if it’s worth a possible legal hassle. Even if the end result is that you prevail in court, the likelihood is that either the original author or publishing company has far more resources than you.

They will likely have in-house lawyers or ones on retainer, so it’s unlikely to cost them any EXTRA money to go after you legally and try to make your life miserable enough (with lengthy litigation, depositions etc etc) that you’ll find it easier to just give up and change it.

Why not save yourself the hassle and just change the title slightly enough so it’s not exactly the same.

Even something as slight as dropping the first two letters makes you immune. Land of the Blue Dolphin is close enough for any other fans of the book to make the connection (if that’s what you’re going for) and saves you the hassle of going through a name change when your band’s reputation has grown enough that it would be detrimental and costly to switch names mid-stream.

PS.

In addition to being a book title, it’s also a movie title of the same name.

Potentially you could also have a movie studio going after you legally.

I’m not saying they definitely would but they most likely could.

Do your research thoroughly before making your decision (unless you don’t mind “cease and desist” letters followed by endless legal wrangling)

You need to decide how much this exact name meanst to you.

I don’t think so. Two different entities. I could write a book and have the title be “Terminator”, so long as the content of the book was not ripping off the movie, I could use the words. Words are not copywritable. Even if they had a TM on the word it would only be in association with the service or widget it was registered to, and in the font and colors attached to it.

Titles are not copyrightable so you will be fine.

You won’t be “in trouble” except for the fact that people in the know will consider you unimaginative and derivative, which might be worse for you, since you’re engaged in a creative enterprise.

People have been naming bands after books or proper nouns in books for a long time.

See “Stormbringer”, “Shai Hulud”, “Cirith Ungol”, etc.

Contrary to @CWOTUS’ point, having a band named after a certain book is a good way to appeal to a specific audience. For example, any big fans of Frank Herbert’s “Dune” is going to see a “Shai Hulud” album and say “Wow, these guys are fans of Dune. If they like my favourite sci-fi novel, maybe I’ll like their music”.

However, if you spell it wrong or use it incorrectly, you’ll alienate real fans. So be careful.

Copyright is not the only issue here, as it is not the whole of intellectual property law. When the Red Hot Chili Peppers sued Showtime over the television show Californication, for instance, the issue was unfair competition and dilution. The suit involves a pair of claims: one against the show, and another against the soundtrack. It is the latter part that really carries the suit, since it is hard to argue for brand confusion between a television show and a musical recording (no matter how many elements the show took from the band). A soundtrack and an album with the same name, however, is a different story.

The case would have been even stronger if the Red Hot Chili Peppers, or their lawyers, had thought to sue for unjust enrichment instead (basically, making a claim that the television show was leeching off the album’s popularity). Why they didn’t do this, I don’t know. The point, though, is that this is another way of going after someone who copies something without breaking any basic copyright law.

In your case, however, I doubt that either dilution or unjust enrichment would be successful charges against you. I also doubt that either the author’s estate (O’Dell died in 1989) or the publisher (Houghton Mifflin Harcourt) would care to go after you on it. Your band simply isn’t a threat to book sales, nor is it riding off of the book’s success. If anything, the publisher might be glad for a little publicity.

Standard disclaimer: I am not a lawyer. The above is based on seminars I’ve taken on copyright law and discussions with colleagues who have studied and/or practiced copyright law. The information may be out of date or based on a misunderstanding. It is always advisable to speak to a practicing lawyer.

Not if you get the author’s permission first.

You can use a book title without getting permission from anyone. Titles aren’t copyrighted.

Oh. Well then, nothing’s standing in your way! : D

As others have said, book titles aren’t copyrighted. But if the book was made into a movie, you may get into trouble with the studio.

@CWOTUS The Doors got their name from this book and it didn’t hurt their popularity.