Am I breaking copyrights? - Writers Forum

semtecks · 11-05-2005, 12:44 PM

I had this idea for a story where my main character buys a guitar at an auction that used to belong to Jimmy Hendrix. I wanted Jimmy to be a character in my story who appears through dreams. Could I do that and sell the story without being sued?

gohn67 · 11-05-2005, 12:52 PM

I don't know exactly how that works, but I a week ago I was reading this book of short stories called, Girl with Curious Hair, and in one story the author uses Alex Trebec and Pat Sajak. He also uses Lyndon B Johnson in his story.

I noticed that there was a disclaimer on it, regarding the characters; forgot what it said though.

Probably not too helpful, but it's been done.

semtecks · 11-05-2005, 02:06 PM

I could always have a made up rock star but it wouldn't be the same thing. I did read a short story where there was an all dead rock show, starring chuck berry, jim morrison jimmy hendrix and others. I guess i'll just write it and find out later.

Spudley · 11-05-2005, 04:55 PM

Are you breaking copyright? Probably not... unless you start quoting actual song lyrics. You really don't want to be doing that!

But I don't think copyright is the problem here. When dealing with real people, you're more likely to have issues with things like libel.

Just mentioning someone's name is probably okay, but making stuff up about them would probably be considered libellous, particularly if it casts them in a bad light in any way.

Since your chosen rock star is dead, you may find that you're safe from the libel laws, but it would be worth checking first -- I'm not a lawyer, and not from the same country as you, so please don't take my opinions as fact.

evadri · 11-06-2005, 01:06 AM

If you don't say anything bad about the person, they have no grounds to sue you for defamation. If the person appears through the character's dreams, dreams being what they are, it should be fine because it's not the actual person. It's the main character's subconscious perception of that person.

That's my take on it. And also, Hendrix is dead, so you shouldn't have a problem. Look at all the rediculous books that have appeared about Princess Di since her death. I don't think I've heard about anyone sueing.

Hodge · 11-06-2005, 01:23 AM

Wayne's World II featured Jim Morrison as a character. What a stupid movie. No problems, I don't think.

semtecks · 11-06-2005, 07:31 AM

You're proabably all right. I'll have to do a little research then I'll get right on it. Hodge, i've seen that movie and it was terrible. Now that I think of it, in the movie True Romance, Christian Slater's imaginary friend is Elvis who eggs him on in a drug deal -- if they can do something like that, why can't I?Spudley. I'm from Blighty too.

Spudley · 11-06-2005, 07:37 AM

Off Topic:

Are you? Oops, sorry I thought I saw the word "California" up there, but now I look again, it was in someone else's profile.

amusinglackoftalent · 11-06-2005, 04:14 PM

I wish I had some for you, Semtecks, but I don't. However, I believe it was sometime last year that I read a recent book that Dean Koontz wrote called 'Odd Thomas'. (If you like horror/fantasy this is a good one.) Koontz uses the ghost of Elvis in this book and it's one of my favorite characters. Now, a guy like Dean Koontz most certainly has legal counsel available either personally, or through his publisher and the 'Elvis Estate' is no doubt a finicky bunch when it comes to The King's name. I'm thinking you'd be quite safe using the ghost of Hendrix, or Hendrix in 'dream state'. Good luck with your work.

mattx5 · 11-07-2005, 11:42 PM

Song lyrics were mentioned before, so I want to ask a quick question -

I'm writing a story at the moment, I'd like music to play a big element. More precisely, I'd like to be able to quote certain song lyrics at specific times in the novel; not actually having a character recite them, but rather, have the songs being played over the radio or some similar effect, putting the lyrics in italics.

Would I have to clear copyrights or pay fees? If so, forget it, I'll abandon the idea (No way a person can get published for the first time if their work has expenses like that!).

Hodge · 11-07-2005, 11:55 PM

You have to get permission to use other people's song lyrics. There's no set price, either. Sometimes an artist/band will let you use their lyrics for free, while other times they'll charge anywhere from $50 to $5,000. A well known author wanted to use Beatles lyrics in a novel but they wanted him to pay over a thousand dollars so he said "screw it" and took out the lyrics.

mattx5 · 11-08-2005, 12:56 AM

Thanks for the facts. Was I correct in assuming that publishers/editors would look down on any works like what I'm proposing that come across their desk unless it's from an already established/published author?

Hodge · 11-08-2005, 01:02 AM

No idea. Ask Maia.

mammamaia · 11-08-2005, 07:59 AM

short answer is, 'yes'... check out the copyright info pages of novels in your local library/bookstore... you'll see that if song lyrics, poetry, or other works are quoted in the book, their copyright info is included there... that means the writer or publisher had to pay to use them...

and you're right in that publishers don't like to spend money on stuff like that, unless they know they'll make it back, with a big name author...

sorry to shoot down your idea, but that's the way things work in the cold, cruel world out there...

of course, that only applies to works still under copyright... if you use stuff that's in the public domain, you're ok...

love and hugs, maia

mattx5 · 11-08-2005, 10:57 PM

Thanks for the straight facts. I'm not surprised by em of course, a bit dissapointed, but hey - 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. Thankfully, this doesn't really affect my story greatly, it was just an added bonus really.

Thanks for the speedy, informative replies by the way