I think everyone has to determine their own comfort level, but I agree with Cogito that as a writer it behooves one to know the law in this area. These laws govern the rights we have as writers. If you don't know them, as least to some extent, you won't have a good idea of what you can protect, how to protect it, and what you can't protect. And it is important to realize that trademark owners, or other intellectual property rights owners, will often take a position that purports to give them rights beyond that which they can legally enforce.
I appreciate your help Cogito. It's not as though I haven't searched for information myself. It is just a little confusing because some things I have read contradict one another. And when you do a simple Google search, sometimes the information is incomplete or misleading, which is why I was hoping you guys on here would know a little more about it. You're right Cognito. The myths do need busting. I wish there was a simple yes or no sometimes. But it looks like to get an answer it will always take work. Either way, thanks for all your help everyone.
trade names are used all the time in fiction, by countless bestselling authors and lesser literary lights... neither the authors who do so, nor their publishers seek permission from the owners of the brands, or obey their orders on what typeface to use... that should be proof enough that to go to such lengths as you suggest, bw, is totally unnecessary from a legal standpoint, not to mention unprofessional... check the laws at the source, instead of guessing, or heeding the advice of those who don't really know... you'll find the official skinny here: www.copyright.gov www.uspto.gov
~ Oh-h, this brings up a good point I'd not thought about for my book. Now here is my question. Should I refute someone else's book, or books, say The Left Behind series. Could I be sued by the author? Thanks so much. -
How do you refute fiction? If you meant refute the books' religious/moral/philosophical messages, then of course you can, although finding a publisher for something like that will probably be difficult. But no, you can't get into trouble for writing a book explaining the ways you disagree with another book (so long as your book is a legitimate critical discussion and not just you hurling insults at the book/author for 200 pages).
i can see articles of that sort being published, as it's done all the time, but not a whole book devoted to trying to discount the content of another book... does anyone know if there are any books like that out there?
~ Another good point. Thanks. And I've been told by those who have degrees, that I do have 'good critical' material. Which refutes some popular interpretations taught as biblical truth in prophecy books. People get mad banning me from Christian fourms. But I never considered authors may want to sue me till now. And just wanted to know if they could. Thanks, I'm not into slander.
Libel is not the same as being liable. Libel is defamation in writing, as Maia said. Being liable means losing any civil court case and having to pay damages.
no, but closer. Libel is something you may be found responsible for, not something you are. Nore is either one a proper noun, so they should not be capitalized. Can we please get back on topic now?
Yeap, that's true. - "Libelant, is a person who sues by filing a libel." - "Libelee, the defendant in a suit by Libel." - "Libeler a person who commits Libel." When have we strayed away from the topic? You just used my statements for what this topic is about. Spelling, punctuation, and grammer. See this is really helping me consider these aspects clearly. Thank you all. -
