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Naming movies, songs and artist - copyright question



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  #1  
Old February 5th, 2010, 10:00 pm
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Naming movies, songs and artist - copyright question

Concerning copyrights and legal issues, I really wonder if I, as a writer, can name movies, songs, artists, other books in my novel.
Can someone sue me becoz I am naming a song in my book?

And what if I have in my book I have a place called "Pandora" (look it is just an example), and we all know there is planet called "Pandora" in a movie.

Can I use it or not?

What would happens if I have named a place in my book containing complete original material and suddenly and unfortunately that name exist somewhere else.


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  #2  
Old February 12th, 2010, 6:12 pm
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Re: Naming movies, songs and artist - copyright question

Put a disclaimer in the front of your book that this is a work of fiction, and any resemblance, etc. I don't know the exact wording, but look in the front of some novels and you'll see something there.

There are many duplicate names of towns in the U.S. Wilmington, DE; Wilmington, NC, e.g., so I wouldn't worry about duplicating the name of a town.

Even names of people that you think are uncommon or unusual are not as uncommon as you might think. There was a time on the Internet when you could type in a person's name and thousands of the same name would come up with their location. I think that's pretty restricted now, but the point is it will be nearly impossible to come up with names that have never been used before so name them what you want. If you name one of your characters something like Hilary Clinton or Brad Pitt, you might be in trouble.

You'll also need a copyright disclaimer. Here's what I use:

Copyright 2009; <name of author>, <name of publisher>, all rights reserved. This book may not be reproduced in any form, in whole or in part (beyond that copying permitted by U.S. Copyright Law, Section 107, “fair use” in teaching or research. Section 108, certain library copying, or in published media by reviewers in limited excerpt), without written permission.

My advice is to write the book first and worry about names later. If you are lucky enough (or unlucky enough) to get a publisher, they will handle any copyright issues.

One of my readers was all excited because one of my characters had her name. I didn't even know her before the book was published.


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Old February 13th, 2010, 12:14 am
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Re: Naming movies, songs and artist - copyright question

Quote:
Originally Posted by Puppet_Master View Post
Concerning copyrights and legal issues, I really wonder if I, as a writer, can name movies, songs, artists, other books in my novel.
Can someone sue me becoz I am naming a song in my book?
Just mentioning a copyrighted work is no problem. Quoting lines from a song or movie requires permission from the copyright holder and usually royalties.

Quote:
And what if I have in my book I have a place called "Pandora" (look it is just an example), and we all know there is planet called "Pandora" in a movie.

Can I use it or not?
You can have a planet called Pandora but you'd better make sure that it bears little similarity to Camerona's.


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Old February 13th, 2010, 2:22 am
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Re: Naming movies, songs and artist - copyright question

Oh, I see. Thanks, it do helps me now!.

I had these questions since... years ago.


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Old March 10th, 2010, 10:46 am
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Re: Naming movies, songs and artist - copyright question

I have a similar question, one that wasn't really answered in this thread yet. As the OP asked, are we allowed to use the titles of movies in a book? Do we have to put it in quotes or underline it? I've been wondering about this for a while now and can't seem to find a straight answer.


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Old March 19th, 2010, 10:17 pm
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Re: Naming movies, songs and artist - copyright question

The title to a movie should be italicized and I think it's okay to use the title so long as you aren't quoting lines from the movie.


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Old May 28th, 2012, 8:18 pm
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Re: Naming movies, songs and artist - copyright question

I think, just check in a book that does mention a movie, book, or song, and look at the copyright page and the reverse. Hold on-*rummaging in book collection*Ahh-Here it is! I just looked in a book that I thought mentioned something, but it didn't. But, anyway, in the part where it says "This is a work of fiction. Any resemblance to real persons, place, ideas, is entirely coincidental." Well, if its not; the editor will put it there. Until then, follow the basic rule- Underline and italicize. Also, if you can, put the little c in a circle sign.


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Old May 30th, 2012, 8:42 pm
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Re: Naming movies, songs and artist - copyright question

Quote:
Originally Posted by the3vilOne View Post
I have a similar question, one that wasn't really answered in this thread yet. As the OP asked, are we allowed to use the titles of movies in a book? Do we have to put it in quotes or underline it? I've been wondering about this for a while now and can't seem to find a straight answer.
General rule of thumb is that movies, TV shows, albums, book, publications and ship are italicised. Titles of individual episodes, songs, stories, articles, etc., surround with quotes.

Underlining is an older convention from the days before word processors with multiple fonts.


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Old June 2nd, 2012, 11:44 pm
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Re: Naming movies, songs and artist - copyright question

I did find a book that mentioned Green Day, and the only special thing about that is that is capitalized. Same with McDonald's and movies. So, with quotes, put quotes. You should italicize just in case. If you are wrong, that is what editor's are for.


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Old June 30th, 2012, 4:32 am
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Re: Naming movies, songs and artist - copyright question

I do remember my copy of Superfudge by Judy Blume. The grandmother sings a song to the baby. If I recall correctly the words are something like "Toot-Toot-Tootsie Goodbye." The song is mentioned on the copyright page at the beginning of the book. I think if it's under a certain number of lines it doesn't have to be mentioned or permission given, but if it's over a certain number all that applies.


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Old July 17th, 2012, 6:08 am
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Re: Naming movies, songs and artist - copyright question

So if it's italicized you can use it? Like example:

"Come over tonight. We can watch Titanic I know that it's your favorite!"
"Okay, sounds great."

And when you get an agent to help you get your book published, do they do the whole copyright thing?


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