Am I breaking copyrights? - Page 2 - Writers Forum

mammamaia · 11-09-2005, 07:12 AM

my pleasure, matt... any time... m

amusinglackoftalent · 11-09-2005, 08:57 AM

Quote:

Originally Posted by mattx5

...if my story's integrity depended on the inclusion of a couple of song lyrics, then I guess it couldn't be that good in the first place.

Matt, make up your own lyrics!

martianlunatic · 12-05-2005, 12:21 AM

Sorry to take this thread in yet another new direction, but what are the laws regarding usage of brand names? I am writing a science fiction story that is supposed to take place in present day. To add an air of realism, I drop in a few brand names time and again (Dwayne was in his room playing X-Box; Reyna went shopping at the Gap, Spencer's dad worked at Lockheed Martin, etc etc). I want their world to feel like our world, and I feel it would somehow cheapen it if I decided to name the video game console Z-Box or somethng along those lines. I read books where the characters drop names like they're water, and I have to think "Wow, how rich must that author be," especially when it's someone not that famous. So exactly how much does it cost to use a name like X Box, and how much of a pain in the bottom is it to get rights?

TimK · 12-05-2005, 09:33 AM

I am not a lawyer. Please ask a lawyer before taking any action.

That said, I don't believe it's a matter of trademark infringement. In order to be able to use another person's trademarks, to sell your own product, you'd have to get their permission, and your product would have to meet their standards, because the public would see the product coming from them. You're using their brand name. If you use their trademark, or even a trademark that sufficiently similar to confuse the public, without partnering with them in this way, you're infringing their trademark.

I believe the issues with fictional stories are libel and endorsement. If a character from a company in your story does something nasty or unpopular, and someone out there gets it in his head that you're actually saying this actually occured, the company's lawyers could sue you for libel. Of course, we all know that a fictional story is just that, fictional, but a good story is so realistic, sometimes some readers get confused. That's why fictional stories have a disclaimer stating that all characters, organizations, and events are fictional and not based on any person.

You also don't want your readers to think that Microsoft endorses your story or anything in it, or that Microsoft has any relationship with you at all. Because one of the characters spends all day playing on his X-Box, does that mean Microsoft approves of the character's actions? Does that mean Microsoft paid you to place the product? If people react negatively to the character's actions and start blaming the X-Box for these negative reactions, will Microsoft blame you?

-TimK

martianlunatic · 12-05-2005, 12:20 PM

You make a good point. I just think the legal system is sort of strange ... I mean, a lot of companies pay a lot of money for product placement in books or movies. I remember my dad who is in advertising used to do that for a living -- pay producers to use the brand name he worked for (pizza hut, at the time) in their movies almost as a form of advertising. And yet, as soon as the product placement is YOUR idea, suddenly YOU have to pay THEM. I understand why that is if the entire book was about why Pizza Hut sucks, but if it's the exact same thing as they would have paid you for ... it just seems weird. But here I go off on a tangent.

To quote Aqua Teen Hunger Force: "It is a FAR Gate with an F! We are NOT getting sued!"

Mike C · 12-06-2005, 09:42 AM

Re use of Hendrix's name - no problem. Michael Moorcock wrote a short that featured JH's ghost. Names are not copyright. Further to that, watch what you say about him; you can say he was a poor musician (your opinion) but you can't, for example, say he was a serial killer (defamation).

Song lyrics are out, but song titles are fair game (although some editors will shy away anyway - best to just avoid the whole issue and either do without or make up your own).

Trade marks - same as with JH - use the names, don't defame. Some trademarks are now generic (ie Sony just found a while back that 'walkman' is now in the public domain - they no longer have an exclusive right to it) such as hoover.

mammamaia · 12-07-2005, 02:52 PM

for the official skinny on using trade names go to:

http://www.uspto.gov/

blankslatejoe · 12-07-2005, 05:43 PM

Quote:

Originally Posted by Mike C

Re use of Hendrix's name - no problem. Michael Moorcock wrote a short that featured JH's ghost. Names are not copyright. Further to that, watch what you say about him; you can say he was a poor musician (your opinion) but you can't, for example, say he was a serial killer (defamation).

Song lyrics are out, but song titles are fair game (although some editors will shy away anyway - best to just avoid the whole issue and either do without or make up your own).

Trade marks - same as with JH - use the names, don't defame. Some trademarks are now generic (ie Sony just found a while back that 'walkman' is now in the public domain - they no longer have an exclusive right to it) such as hoover.

Actually, in the states you COULD say he's a serial killer... so long as you do it for purposes that don't 'maliciously intend to slight the name or reputation'' as in,,,, make sure everyone understands it's pure fiction.

the issue is libel and slander, which in the case of celebrities, malicious intent is almost IMPOSSIBLE to prove. Think of all the tabloids...

you'd be MORE at risk if you chose to have someone who wasnt a public figure, didn't have an army of lawyers or an estate to their name. Those people are considered public figures are have very little rights when it comes to people reprinting their name. A pure stranger, or a next door neighbor would have a better chance of proving 'Malicious intent' in court.

At least, that's what i remember from my old highschool government class... it's been awhile.

Avarice · 12-08-2005, 08:37 PM

it all depends on one thing... how big is his afro, how much pott does he smoke?