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Old 06-24-2006, 11:21 PM   #1
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Back With More Of The Same...UGH!

Hi guys,

I have read the copyright site until my eyes droop........and I still don't have the answers to my questions.

I understand I can write about Elmer Fudd in my book as long as I do not make him into something he is not or change his character; however, I cannot find if his name must have a copyright symbol next to it within the text of my book or a registered trademark symbol?

I understand I cannot use lyrics from the majority of music, such as Rascal Flatts. But, can I say, "The song "Broken Road" by Rascal Flatts has been a blessing to me because.......

These issues are driving me to drink hot salsa straight from the jar, as I need another form of torment for the present time!
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Old 06-25-2006, 12:46 AM   #2
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Only things that are trademarked need the TM symbol. Elmer Fudd doesn't qualify. If you just mention him, you'll be fine.

You're also just mentioning the song. You may not even need to cite the singer. (Someone else want to clarify?) What you've written there is absolutely fine.
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Old 06-25-2006, 12:47 AM   #3
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Quote:
Originally Posted by gingirl
I understand I cannot use lyrics from the majority of music, such as Rascal Flatts. But, can I say, "The song "Broken Road" by Rascal Flatts has been a blessing to me because.......
Not sure about the first one, but to this, yeah. You can reference the song as long as you don't quote from it.

(Otherwise, Nick Hornby would have had to fork over 5 million dollars in royalties to get High Fidelity published.)
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Old 06-25-2006, 03:42 AM   #4
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Stop with the salsa! It will give you very nasty after effects if you drink nothing else...

I think you are becoming paranoid. There is absolutely no reason why you shouldn't mention Elmer Fudd or the name of a song in your book. And no, you don't have to put any copyright or TM symbol next to it. Can you imagine how many books would have to do this if it were the rule? Think about the number of times places or brand names are mentioned - Macy's, Bloomingdales, Harrods, Gucci, Prada, Princess Diana, One Flew Over The Cuckoo's Nest - if they all had to have a symbol next to them you'd soon notice.

Stop obsessing and just write. If your book is then picked up by a publisher/agent, they will be able to tell you if you need to attribute something you haven't.
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Old 06-25-2006, 04:06 PM   #5
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What would I do without you? Glug, Glug...

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I think you are becoming paranoid.
Paranoid, me? Not a chance! But, I am in need of a trip to the grocer, as my salsa is running low.

I am in the final stages of my book (first one) and all the legal lingo, etc. has gotten to me! I keep seeing myself standing before a judge swearing to tell the truth, the whole truth, and nothing but the truth so help me God. And Lord, have mercy.......this woman has had battle after battle-and I ain't in the mood for no more!

Thanks for the input. I'm singing a happier tune now.
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Old 06-25-2006, 08:02 PM   #6
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I understand I can write about Elmer Fudd in my book as long as I do not make him into something he is not or change his character; however, I
Quote:
cannot find if his name must have a copyright symbol next to it within the text of my book or a registered trademark symbol?
don't worry about it... if it's trademark protected and needs the symbol, the publisher will deal with it... but you can just enter any name/words into the loc search engine to find out if they are or not...

Quote:
I understand I cannot use lyrics from the majority of music, such as Rascal Flatts. But, can I say, "The song "Broken Road" by Rascal Flatts has been a blessing to me because.......
...yes, you can...
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Old 06-26-2006, 02:45 AM   #7
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read something by bret easton ellis, you cant go a page with out him naming a bmw, gucci shirt, nike shoe, yadda yadda, just make the publisher deal with it.
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Old 06-26-2006, 08:17 AM   #8
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i have actually seen Elmer Fudd used in a published book and there was no TM or anything (Velocity).
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Old 06-27-2006, 07:53 PM   #9
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Quote:
Originally Posted by gingirl
I understand I can write about Elmer Fudd in my book as long as I do not make him into something he is not or change his character...
You can change his character all you want, can't you? I was under the impression that you can parody any character you want. There's an episode of Family Guy where Elmer Fudd brutally slaughters Bugs, he just blasts him over and over while the wabbit screams in agony.
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