[net.sf-lovers] Brin's new book GORILLA

wmartin%brl-bmd@sri-unix.UUCP (11/29/83)

From:      Will Martin (DRXAL-FD) <wmartin@brl-bmd>

Regarding Don Coleman's message in SFL mentioning that David Brin is
working on a new book to be called GORILLA:

I look forward to reading it, as I enjoyed both STARTIDE RISING and
SUNDIVER, and this message is in no way a criticism of Mr. Brin.
However, as soon as a read the reference to GORILLA, I was somewhat
irked, as I knew there already was a novel (not SF) called GORILLA,
since it was on a bookshelf at home! It is by Colin Willock, 
copyright 1977, published by St. Martin's Press, New York, and the
ISBN code is 0-312-34035-4.

I just looked in the 1983-84 BOOKS IN PRINT, and two other books
with the title "GORILLA" are listed. Both of these seem to be 
non-fiction: one by Anthony Browne is a short children's book, and
the other, by Paula Z. Hogan, is an elementary school textbook (if
I interpreted the BIP codes correctly).

Now, I can understand the same title being used for very different
books, or for very similar textbooks [there probably have been 300
different texts with the title AMERICAN HISTORY], but for fiction,
once a title has been used, it should never be used again. I suppose
that there is no copyright on titles themselves, but we have seen
some acknowledgement by one author of another's "right" to a title
used in the past, as in Varley's postscript in MILLENNIUM referring
to Ben Bova's use of the title previously. [I believe there was an
explanation of this a long while back in SFL, to the effect that
the movie people who bought the original short story to revamp
into MILLENNIUM insisted on the title change.]

I would think that an author's pride would be enough to keep him/her
from re-using a previously-used title. Of course, there is no
reason why Mr. Brin would have known of this 1977 use of GORILLA
as a title, if it was dropped from BOOKS IN PRINT before he decided
to write the book -- I wouldn't expect an author to check this out
through all the past issues of BIP (or is there some reference for
BOOKS ONCE PRINTED that lists everything from some year on back?)
but I would expect a publisher to check this before finalizing on
the title choice.

Is there any legal issue involved here, or is it just a matter
of courtesy?

Will Martin (WMartin at Office-3)