How to Use Copywritten Names in URLs

Understand the difference between copyrights and trademarks. In general, trademarks, not copyrights, protect company or product brand names, while copyrights protect original artistic or literary works such as books, movies, and music.

Copyrighted works such as songs or books may also be a registered trademark. For example, "Harry Potter" is a series of books, as well as a brand used to market other products related to those books such as movies and t-shirts. It is protected under both copyright and trademark laws.

Determine whether the copyrighted work is trademarked by anyone. If the trademark is not obviously registered, use the United States Trademark and Patent Office (USTPO), the Trademark Electronic Search System (TESS) or the Thomas Register Online to search for it. Consult a lawyer whose specialty is in trademarks, patents, and copyrights if you're still not sure.

Know that unless you own the copyright or trademark yourself or have specific permission to use it, it is usually illegal to include that name as part of your URL. Contact the copyright/trademark holder to obtain permission to use it, or determine if this situation is an exception falling under the "Fair Use" part of the Copyright Law of the United States of America. Exceptions of this nature most often involve non-commercial, non-profit enterprises such as scholarship or news reporting.

Avoid using names designed to confuse people. Naming your URL to mislead people into believing they are buying a product from a famous company is considered to be illegal under the the Anticybersquatting Consumer Protection Act (ACPA).

Register the name yourself if it belongs to you. If you own the company or product, you have the right to use that name however you wish and can protect it so others can't use it without permission.

Create a name that suggests the idea of your website if you are unable to include the copyright name in the URL due to trademark issues. For example, if you're making a web site for your school's Harry Potter fan club, you can use a non-trademarked name such as www.HighSchoolWizards.org. If your club is called "Penn Hills Harry Potter Fan Club," you can use an acronym like www.PH-HPFC.org.