Copyrights & Trademarks: Any Book Recommendations? - Writers Forum

ThePrimeDreamer · 05-04-2007, 07:07 PM

I've always liked to trademark names and phrases as my own so that others may not use it or at the least have ownership or rights to them, so I ask, does anyone recommend any books about copyrights, trademarks, and ownership rules for I guess intellectual properties?

Phantom Writer · 05-04-2007, 09:25 PM

Trademarking a phrase is going to be difficult unless you can prove the originality of it, I believe. I can understand protecting a name and even a slogan, but what would you gain by protecting a phrase? I don't think that everyday, common phrases can be protected this way. If you are "making up your own", chances are, someone has already "made it up".

Technically, something is copywritten once its thought of or penned to paper (although that isn't always a good stand in court). But copywriting a phrase.....well, the first person who ever wrote would have those rights, no?

So, if you were trying to copyright "Holy Shit!". Too late. The first person to think it, scream it, write it has already beaten you to it.

BTW, is it copyright or copywrite? I honestly don't know. I'm rusty to all this stuff, but just noticed I spelled it both ways...lol

Joe Moore · 05-04-2007, 09:47 PM

Quote:

Originally Posted by Phantom Writer

BTW, is it copyright or copywrite? I honestly don't know. I'm rusty to all this stuff, but just noticed I spelled it both ways...lol

Phantom,
The correct word is copyright. Please visit the following site for answers to the most common questions concerning copyright and trademark.

http://www.uspto.gov/

Good luck,
Joe

mammamaia · 05-05-2007, 01:13 AM

Quote:

I've always liked to trademark names and phrases as my own so that others may not use it or at the least have ownership or rights to them,

you can't... nor can you copyright them... only complete works can be copyrighted, not their titles and not the names of characters in them... that said, if a character or slogan is associated with a product [i.e., 'batman'], it can be trademark protected, but you can't do it with just bits of this and that you write...

in the us, go to the site joe linked for info [it's part of the library of congress where you register copyrights and tms]... in the uk, it's: www.bl.uk

Quote:

Technically, something is copywritten once its thought of or penned to paper (although that isn't always a good stand in court).

not 'thought of'... it has to exist in 'reproducable' form... that is, on paper, cd, hard drive, et al.... and it IS a 'good stand' in court, but still has to be backed up with proof that you originated the work... which is why i always advise writers to keep first [on paper] notes and an early hc draft or 3, to show the creative progress, that no one else will have...

Quote:

But copywriting a phrase.....well, the first person who ever wrote would have those rights, no?

no, because a single line/phrase can't be copyrighted...

Mike C · 05-05-2007, 06:24 PM

Quote:

Originally Posted by ThePrimeDreamer

I've always liked to trademark names and phrases as my own...

Which at least implies that you think you already have... so name them.

mammamaia · 05-05-2007, 06:52 PM

and i'd be interested in knowing just how you acquired tm protection for them...